Guide
Normal Wear and Tear vs. Damage: What Massachusetts Landlords Can Deduct
Most security deposit fights come down to one question: was it damage, or was it just living there? Massachusetts law answers more of that question than most tenants realize. Under M.G.L. c. 186, §15B(4), a landlord can only deduct for damage beyond "reasonable wear and tear," and only with a sworn, itemized list delivered on time.
What the statute allows landlords to deduct
Under §15B(4), deductions from a security deposit are limited to three things: unpaid rent (not lawfully withheld), unpaid increases in real estate taxes you were obligated to pay under the lease, and the reasonable cost of repairing damage caused by the tenant or their guests, expressly excluding reasonable wear and tear.
Deductions that are commonly contestable as wear and tear
These charges show up on deduction lists constantly, and tenants commonly contest them as ordinary wear and tear (whether they hold up always depends on the specific condition):
- Routine cleaning charges after a broom-clean move-out
- Repainting after several years of tenancy, or touch-ups for scuffed walls
- Carpet shampooing or replacing carpet worn from normal foot traffic
- Small nail or thumbtack holes from hanging pictures
- Faded paint, curtains, or flooring from sunlight and age
What may be legitimate damage
On the other side of the line: broken windows or fixtures, holes in walls or doors, burns, pet stains and pet damage, smoke damage, water damage from tenant negligence, and missing items. Deductions like these may be legitimate if they're documented and itemized the way the statute requires.
No sworn itemized list, no deductions
Even a legitimate damage deduction fails if the paperwork does: §15B(4) requires an itemized list of damages, sworn to under the pains and penalties of perjury, with written documentation like estimates or bills, delivered within 30 days of the end of the tenancy. Miss any of that, and §15B(6)(b) forfeits the landlord's right to keep any portion of the deposit for damages. If the resulting balance isn't returned within 30 days, the treble-damages exposure of §15B(7) can follow.
Frequently asked questions
Can my landlord charge a standard cleaning fee?
Massachusetts law doesn't recognize automatic cleaning fees taken from a security deposit. Cleaning charges are commonly contested as ordinary wear and tear unless the unit was left genuinely beyond normal move-out condition, and any deduction still requires the sworn, itemized list.
I lived there three years. Can they charge me to repaint?
Repainting after a multi-year tenancy is one of the most commonly contested deductions, since paint wears in the normal course of living. Deteriorating paint from ordinary use is generally wear and tear, not tenant damage.
What proof does my landlord need for a deduction?
An itemized list sworn under the pains and penalties of perjury, with written evidence such as estimates, bills, invoices, or receipts, delivered within 30 days of the end of the tenancy (§15B(4)).
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Disputing deductions?
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Check my deductions for freeThis tool provides general legal information, not legal advice, and does not create an attorney-client relationship. For advice about your situation, consult a licensed Massachusetts attorney.