Common questions
What Massachusetts renters most often ask about demand letters, small claims court, and getting a security deposit back. General information for every tenant; for your specific situation, consult a licensed Massachusetts attorney.
Which court do I file in if my landlord does not pay?
Massachusetts small claims cases are heard in the District Court, the Boston Municipal Court, and the Housing Court. You can generally file where you live or work, where your landlord lives or does business, or where the rental property is located. Your kit's small claim draft repeats this with your details filled in. To find the exact courthouse serving your city or town, use the official locator below.
Find your courthouse on mass.govWhat happens after my letter is mailed?
Your landlord has the response window stated in the letter (30 days for the Chapter 93A demand, since that is the period the statute provides) to pay or respond. Certified mail gives you a tracking number and a return receipt, which together prove when the letter arrived. Keep them with your records; they become evidence if you file in court.
What if my landlord ignores the letter?
That is what small claims court is for, and it is designed to work without a lawyer. Your kit includes a pre-filled draft of the Statement of Small Claim with your parties, amounts, and claim description, plus a step-by-step filing walkthrough. Many landlords pay after a demand letter precisely because the next step is this easy to take.
What if my landlord offers less than I demanded?
Accepting a partial offer is entirely your decision. Taking a partial payment does not by itself erase your remedies for the rest. One thing worth knowing: when a landlord makes a reasonable written settlement offer in response to a Chapter 93A demand and it is rejected, a court may later limit the recovery to that offer if it finds the offer was reasonable. Weigh written offers seriously, and consult an attorney if the amount at stake is large.
Do I need a lawyer?
Small claims court is built for people without lawyers: you tell your side in plain language and a clerk-magistrate asks questions. Bring your evidence and your letter. Because the security deposit law and Chapter 93A can shift attorney's fees to a landlord who violated them, some attorneys also take strong cases at little or no upfront cost. Either path works; it depends on your comfort and the amount at stake.
How much does it cost to file in small claims court?
Filing fees are tiered by claim size, roughly $40 to $150, and eFiling adds a small surcharge of about $7. Your kit states the current fee for a claim your size. Fees are set by the courts and change over time, so confirm the amount when you file.
Is there a deadline for me to act?
Yes. Legal claims come with time limits, and the safest move is to act promptly rather than wait. The specific deadline that applies to your situation depends on the type of claim and its facts, so if significant time has passed since your tenancy ended, ask a licensed Massachusetts attorney about your deadline before assuming anything.
Is any of this legal advice?
No. Deposit Defenders is a self-help document preparation tool that provides general legal information. It is not a law firm, and nothing it produces is legal advice or a prediction about your case. For advice about your specific situation, consult a licensed Massachusetts attorney.