Massachusetts Security Deposit Rules: What Renters Need to Know
Security deposits are a major concern for many Massachusetts renters. State laws offer important protections to ensure your deposit is handled fairly—from the moment you pay it to the day you move out. By knowing your rights, you can safeguard your money and hold landlords accountable under Massachusetts General Laws Chapter 186, Section 15B.[1]
What Is a Security Deposit?
A security deposit is money paid by a renter to cover potential damages, unpaid rent, or other lease violations. In Massachusetts, landlords must follow specific state rules when collecting, holding, and returning deposits.
Key Massachusetts Security Deposit Laws
- Amount Limit: The landlord cannot charge more than one month's rent as a security deposit.
- Written Receipt: You must receive a written receipt immediately after paying.
- Separate Bank Account: Landlords must place your deposit in a separate, interest-bearing bank account located in Massachusetts.
- Statement of Condition: Within 10 days of receiving a deposit, landlords must provide this official form detailing the property's current state.
- Annual Interest: Landlords must pay renters the annual interest on their security deposit each year.
- Return Timeline: After you move out, your deposit (plus any owed interest) must be returned within 30 days—minus any justified deductions.
Following these rules protects both the renter’s finances and the landlord’s property. If requirements are not met, renters may be entitled to double or triple damages.
Essential Forms for Renters
-
Statement of Condition (Official Form)
When landlords collect a security deposit, they must provide you with this form. Complete and return it within 15 days of moving in. For example, if you discover scuffed floors, include them on the form to protect your deposit. -
Itemized List of Damages (No official form, see MA law)
If the landlord keeps any part of your deposit, they must give you this list along with receipts for repairs. -
Security Deposit Receipt (Details & Sample Receipt)
Your landlord must give this at the time you pay the deposit. Keep it in a safe place.
For more details, visit the Massachusetts government security deposit resource page.
How Landlords Must Handle Your Deposit
Massachusetts law holds landlords to strict standards:
- Timely Receipts: Issued upon collection and showing the bank, account number, and location.
- Bank Details: Your money must not be mingled with the landlord’s personal funds.
- Annual Interest Payment: Delivered each year or as a deduction from your last month’s rent on request.
- Required Deductions Only: Deposits can only be used for unpaid rent, repairs beyond normal wear, or unpaid tax increases if your lease requires it.
Getting Your Security Deposit Back
On move-out, renters should:
- Provide a forwarding address in writing
- Take photos to document the property's clean condition
- Wait for deposit return (with interest) within 30 days
If your landlord deducts any amount, request a written, itemized list. If you disagree, you can take legal action.
How to Take Action if Your Rights Are Violated
If a landlord fails to follow security deposit laws, you may:
- Send a written request for the return of your deposit
- File a claim in your local court (often: Small Claims Court) for up to $7,000
- Contact the Massachusetts Housing Court for guidance or to start proceedings
Consult the official Massachusetts security deposit guide for more dispute information.
Relevant Tribunal
All residential tenancy disputes, including security deposit issues, are handled by the Massachusetts Housing Court.
FAQ: Massachusetts Security Deposits
- How much can my landlord charge as a security deposit?
Landlords can only request up to one month's rent for a security deposit. - What if my landlord does not return my security deposit?
If not returned within 30 days or if deducted improperly, you may sue for your deposit—and potentially triple damages. - Am I entitled to interest on my security deposit?
Yes. Landlords must pay interest annually, or deduct it from your last rent payment on request. - Can a landlord use my deposit for normal wear and tear?
No. Deductions can only be for unpaid rent or damage beyond normal wear.
Conclusion: Key Takeaways for Massachusetts Renters
- You are protected from excessive or mishandled security deposits by strict state laws.
- Always complete and retain the Statement of Condition.
- If your rights are violated, the Housing Court or Small Claims Court can help you recover your deposit.
Need Help? Resources for Renters
- Massachusetts Housing Court: For disputes, information, and forms
- MA Government Security Deposit Law Overview: Rules, receipt samples, and statutes
- Guide to Security Deposits: Full government resource
- MA Small Claims Court: To file claims up to $7,000
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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