Massachusetts Rules for Security and Damage Deposits

If you're renting a home or apartment in Massachusetts, understanding the laws about security deposits and damage deposits can help you avoid common disputes and protect your rights. This guide explains the difference between these deposits, your landlord's obligations, and what you can do if problems arise.

What Is the Difference Between a Security Deposit and a Damage Deposit?

In Massachusetts, a security deposit is money paid to a landlord to cover unpaid rent, property damage beyond normal wear and tear, or unpaid real estate tax if the lease states it. Massachusetts law does not recognize a separate "damage deposit"—all such money is treated as a security deposit and strictly regulated under Massachusetts General Laws Ch. 186, Section 15B.^[1]

Massachusetts Security Deposit Rules: Key Points

• A landlord may collect a security deposit up to one month’s rent at the start of your tenancy.
• The deposit must be placed in a Massachusetts bank account, separate from the landlord's money, and you must receive a receipt with the bank name and account number.
• Within 30 days, you must receive a written statement outlining the condition of the unit—this is the Statement of Condition.
• The deposit must be returned within 30 days after you move out, minus any valid deductions.
• Deductions may only cover unpaid rent, unpaid tax (as specified in the lease), and tenant-caused damage beyond normal wear and tear.

Does Massachusetts Allow Separate Damage Deposits?

No. Massachusetts landlords cannot require a damage deposit in addition to a security deposit. All funds for these purposes fall under the legal restrictions for security deposits.

Security Deposit Forms You Should Know

• Tenant’s Statement of Condition Form
  • What is it? A checklist of the apartment’s condition at move-in.
  • When/how is it used? Your landlord must give you this form within 10 days of move-in. Use it to record any existing damage. You must complete and return it within 15 days for your own protection.
  • Download Massachusetts Statement of Condition Form (PDF)
• Security Deposit Receipt
  • What is it? A receipt showing where and how your deposit is held.
  • When/how is it used? The landlord must give this within 30 days, including the bank location and account number where your deposit is kept. This helps keep your money protected and traceable.
  • Sample receipt and deposit information (Massachusetts.gov)

If your landlord does not provide these forms, they may have to return your security deposit in full, regardless of damages.

Your Rights and How to Take Action

• Always get receipts and keep copies of your lease, payments, and the Statement of Condition.
• If your deposit is not returned or you disagree with deductions, send a written request to your landlord.
• If this fails, you may file a complaint with the Massachusetts Housing Court or in small claims court.
• The Massachusetts Housing Court is the primary tribunal handling tenant-landlord disputes.

For specific complaint instructions, visit the official Massachusetts government complaint guide.

Relevant Massachusetts Tenant Legislation

• Massachusetts General Laws Chapter 186, Section 15B: Security Deposits

This law covers deposit amounts, required landlord practices, and what happens if your landlord does not follow the rules.

FAQs About Security Deposits in Massachusetts

1. Can my landlord charge both a security deposit and a damage deposit?
   No. Massachusetts law permits only a single security deposit, with no separate or additional damage deposits allowed.
2. What can my landlord deduct from my security deposit?
   Only unpaid rent, unpaid real estate taxes if stated in your lease, and the cost to repair damage beyond normal wear and tear can be deducted.
3. How long does my landlord have to return my security deposit?
   Your security deposit must be returned within 30 days after you move out.
4. What if my landlord fails to provide the required forms?
   If the Statement of Condition or deposit receipts are not properly provided, the landlord may lose the right to keep your deposit for damages.
5. Where do I go if I have a deposit dispute with my landlord?
   You can file your case with the Massachusetts Housing Court or in small claims court for deposit issues.

Conclusion: What Massachusetts Renters Should Remember

• Only one security deposit is allowed in Massachusetts, and it cannot exceed one month’s rent.
• Landlords must follow strict rules for holding, documenting, and returning deposits.
• Know your rights, keep records, and use official forms to protect your deposit.

Understanding these rules helps renters protect themselves and avoid common disputes over deposits.

Need Help? Resources for Renters

• Massachusetts Housing Court – File complaints and resolve housing disputes.
• Security Deposits in Massachusetts (Official Guide) – Detailed state guide to deposit rights and laws.
• Massachusetts Legal Help – Security Deposits
• For legal assistance, contact your local legal aid office via MassLegalServices.org

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1. Massachusetts General Laws Chapter 186, Section 15B
2. Security deposits in Massachusetts – Official State Guide
3. Massachusetts Housing Court

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