Massachusetts has some of the strongest security deposit protections in the country. If your landlord violates the rules, you may be entitled to triple damages plus attorney's fees. Here's everything you need to know.
security deposit
after move-out
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What Landlords Can Charge Upfront
Massachusetts law limits what landlords can collect at the start of a tenancy:
Legal Move-In Costs in Massachusetts
Boston's "Four Months Upfront"
While the security deposit is limited to 1 month, landlords can legally ask for: First + Last + Security + Lock = up to 4 months. Add a broker fee and you're looking at 5 months of rent to move in.
Security Deposit Requirements
Massachusetts has strict requirements for how landlords handle security deposits:
- Separate account required — Must be in a Massachusetts bank, separate from landlord's funds
- Interest-bearing — Must earn interest (you're entitled to it annually)
- Receipt required — Within 30 days of receiving deposit, landlord must provide receipt with bank name, address, and account number
- Statement of condition — Landlord should provide written statement of apartment condition at move-in
What Can Be Deducted?
Landlords can only deduct for actual damages beyond normal wear and tear. Here's the difference:
Normal Wear & Tear (NOT deductible)
- • Faded paint from sunlight
- • Minor scuffs on walls
- • Worn carpet in high-traffic areas
- • Small nail holes from hanging pictures
- • Loose door handles from normal use
- • Minor marks on wood floors
- • Dusty blinds or screens
Actual Damage (CAN be deducted)
- • Holes in walls (beyond nail holes)
- • Broken windows or doors
- • Stained or burned carpet
- • Damaged appliances
- • Pet damage
- • Unreturned keys
- • Unpaid rent
Getting Your Deposit Back
When you move out, your landlord has 30 days to return your deposit. Here's the process:
The 30-Day Rule
Document the apartment's condition with photos/video
Email or certified mail. Keep proof you sent it.
Must return deposit OR provide itemized list of deductions with receipts
If landlord misses deadline, they forfeit right to keep any amount
Triple Damages for Violations
This is where Massachusetts law really protects tenants. If your landlord violates security deposit rules, you can sue for three times the deposit amount plus court costs and attorney's fees.
Violations That Trigger Triple Damages
- →Failing to hold deposit in separate bank account
- →Failing to provide receipt with bank information
- →Failing to return deposit within 30 days
- →Deducting for normal wear and tear
- →Failing to pay interest annually
- →Charging more than one month's rent as deposit
Example: If your landlord wrongly keeps your $2,500 deposit, you could recover $7,500 plus attorney's fees.
What If Your Landlord Won't Return It?
- Send a demand letter — Certified mail, referencing Mass. General Laws Chapter 186, Section 15B. Mention triple damages.
- File in Small Claims Court — For amounts up to $7,000. No lawyer needed. Filing fee is around $40.
- Consider Housing Court — For larger amounts or if you want attorney's fees.
Small Claims Court Tips
- • File in the district where the apartment is located
- • Bring all documentation (lease, photos, demand letter, receipts)
- • You can sue for up to 3x the deposit plus court costs
- • Many judges are familiar with this law and favor tenants when landlords violate
How to Protect Your Deposit
At Move-In
- • Take photos and videos of every room
- • Note any existing damage (stains, holes, scratches)
- • Test all appliances and fixtures
- • Email photos to yourself (creates timestamp)
- • Request and keep the landlord's statement of condition
- • Verify you received receipt with bank information
At Move-Out
- • Clean the apartment thoroughly
- • Fill small nail holes (if required by lease)
- • Take photos/video of final condition
- • Return all keys
- • Provide forwarding address in writing (keep copy)
- • Request walk-through inspection with landlord
- • Mark your calendar for the 30-day deadline
Last Month's Rent Interest
If your landlord collected last month's rent at move-in, they must pay you interest on it annually (at 5% if they fail to pay). When you move out, this interest is applied against your final rent.