Massachusetts Security Deposit Law: What Every Renter Should Know

How much can a landlord charge for a security deposit?

A landlord cannot require a security deposit of more than one month's rent. If you paid more than that, the excess amount is recoverable, separate from any other violation.

What your landlord must do once they have your deposit

Massachusetts law imposes several specific obligations on landlords holding a tenant's deposit:

• Escrow receipt: within 30 days of receiving the deposit, the landlord must give you a receipt stating the name of the bank and the account number where the deposit is being held.
• Separate, interest-bearing account: the deposit must be held in a Massachusetts bank account, separate from the landlord's own money.
• Statement of condition: within 10 days of the start of the tenancy, the landlord must give you a written statement of the condition of the apartment, and give you a chance to note any damage you disagree with.
• Annual interest: if you've held the tenancy for a year or more, the landlord owes you 5% annual interest on the deposit (or the actual bank interest earned, if the lease says so).

When you move out: itemized deductions and the 30-day deadline

If a landlord wants to keep any part of your deposit for damages, they must give you an itemized list of the damage, sworn to under pains and penalties of perjury, within 30 days of the end of your tenancy. Ordinary wear and tear, meaning things like minor scuffing, faded paint, or general aging of the unit, cannot be deducted.

If the landlord doesn't provide a valid, timely, sworn itemized list, they generally forfeit the right to keep any part of the deposit for damages. Either way, whatever balance you're entitled to must be returned within 30 days of the tenancy ending.

What happens if your landlord breaks these rules?

The penalties depend on which requirement was violated. Some violations, like failing to provide the bank escrow receipt or failing to return the balance you're owed within 30 days, can expose a landlord to treble (3x) damages, plus court costs and reasonable attorney's fees, under §15B(7). Other violations, like charging more than one month's rent or failing to pay required interest, are separately recoverable but don't carry the treble-damages remedy on their own.

This is general information about what the statute allows, not a prediction about any individual case. Whether these remedies apply depends on the specific facts.

What to do if you think your landlord violated the law

The usual first step is a written demand letter that lays out the facts, cites the specific violations, and gives your landlord a deadline to respond before you consider small claims court. See our guide to writing a Massachusetts security deposit demand letter for what to include and how to send it.

Frequently asked questions

Keep reading

• Landlord Didn't Return Your Security Deposit Within 30 Days? What Massachusetts Law Says
• How to Write a Security Deposit Demand Letter in Massachusetts
• Treble Damages in Massachusetts Security Deposit Cases: When 3x Applies