Massachusetts security deposit rules
How Massachusetts deposit returns generally work
Massachusetts General Laws chapter 186, § 15B generally requires a landlord to return a security deposit, with any interest due, within 30 days after the tenancy or occupancy ends, and any deduction for damage must be backed by an itemized list sworn under the pains and penalties of perjury with written evidence of the repair cost. The deposit must be held in a separate, interest-bearing Massachusetts bank account, and § 15B(7) provides for three times the amount due, plus interest, costs, and attorney’s fees, when a court finds certain failures, such as late return or improper holding of the deposit.
M.G.L. c. 186, § 15B(4) generally requires return of the deposit or balance within 30 days after occupancy ends or a valid written lease’s term ends, and bars deductions for reasonable wear and tear.
Damage deductions require, within the same 30 days, an itemized list sworn under the pains and penalties of perjury with written cost evidence; damage noted on the move-in statement of condition generally cannot be charged.
Under § 15B(6) and (7), a landlord who did not hold the deposit as required, or did not return the amount due with interest within 30 days, forfeits the right to keep any portion, and the tenant shall be awarded three times that amount plus interest, costs, and attorney’s fees.
Watch your own deadline: Section 15B does not require a demand before suit. A separate Consumer Protection Act claim under M.G.L. c. 93A, § 9(3) does require a written demand describing the unfair or deceptive practice and your injury, mailed or delivered at least 30 days before filing. This letter is not framed as a c. 93A demand; if you may pursue that claim, consider sending one and keep proof of delivery.
Check coverage: Section 15B(9) excludes vacation or recreational rentals of 100 days or less. Last month’s rent paid in advance is treated separately under § 15B(2)(a), and § 15B(5) makes a successor owner responsible for a deposit held when the property is transferred.
These are general summaries, not conclusions about your situation. Review the linked official text and obtain legal advice when needed.
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