Your Security Deposit Rights in Massachusetts
Updated 4 days ago (March 7, 2026)
Massachusetts Security Deposit Cap
Massachusetts General Laws Chapter 186 Section 15B imposes one of the strictest security deposit laws in the United States. Landlords can charge a maximum of one month's rent as a security deposit. In addition, landlords can collect first month's rent, last month's rent, and the cost of a new lock and key. No other upfront charges are permitted.
The one-month cap is absolute. Pet deposits, cleaning fees, move-in fees, and any other upfront charges beyond first month, last month, deposit, and lock costs are illegal. If your landlord collected any prohibited fees, you can demand their return. Violation of this provision entitles the tenant to three times the amount wrongfully charged plus attorney fees and court costs.
The prohibition on excessive upfront charges is one of the most strictly enforced tenant protections in Massachusetts. Courts have consistently held that landlords who collect amounts beyond the four permitted categories are in violation of Section 15B, regardless of what the charges are labeled.
Strict Holding and Documentation Requirements
Massachusetts requires landlords to deposit the security in a separate, interest-bearing account in a Massachusetts bank or credit union within 30 days of receipt. The landlord must provide the tenant with a receipt containing the amount deposited, the account number, the bank name and location, and the landlord's name.
The landlord must also provide a statement of the condition of the apartment at the time of move-in, which the tenant must sign. If the landlord fails to provide this statement within 10 days after the tenancy begins, the landlord loses the right to retain any portion of the deposit for damage. This requirement makes the condition statement an essential landlord obligation.
Interest must be paid to the tenant annually or credited against rent. The rate is the actual interest earned or 5% per year, whichever is less. If the landlord fails to pay interest, the tenant can deduct the interest from rent. Failure to hold the deposit in a proper account or pay interest is a violation of Section 15B with severe penalties.
The 30-Day Return Requirement
The landlord must return the security deposit within 30 days of lease termination. If the landlord claims deductions, they must provide an itemized list of damages with the cost of each repair, along with sworn statements from the persons who performed the work. This "sworn statement" requirement is unique to Massachusetts and is strictly enforced.
Allowable deductions are limited to unpaid rent, unpaid real estate tax increases (if the lease includes a tax escalation clause), damage beyond normal wear and tear caused by the tenant, and unpaid water charges (if applicable). The landlord cannot deduct for painting, cleaning for normal turnover, or any condition that existed at move-in.
If the landlord fails to return the deposit or provide a proper itemized statement within 30 days, the tenant is entitled to three times the amount wrongfully withheld, plus 5% interest from the date of move-out, plus attorney fees and court costs. This treble damages penalty is one of the most severe in the country and is designed to ensure strict compliance.
Treble Damages and Enforcement
Massachusetts Section 15B(7) provides that any landlord who violates the security deposit law is liable for three times the amount of the deposit, plus interest at 5%, plus court costs and reasonable attorney fees. The treble damages provision applies to multiple violations including collecting excessive deposits, failing to hold in a proper account, failing to provide receipts, failing to pay interest, and wrongful retention.
Because of the treble damages provision, many Massachusetts tenant attorneys take deposit cases on contingency. A wrongfully withheld $2,000 deposit could result in a $6,000 award plus interest and attorney fees, making these cases financially viable for legal representation.
You can bring your claim in small claims court for amounts up to $7,000 (the small claims limit applies to the base amount, not the trebled amount) or in district or superior court. Housing Court also has jurisdiction over deposit disputes. The 6-year statute of limitations applies, but prompt action is advisable for the strongest case.
Legal References
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.