Massachusetts security deposit law
Source: Mass. Gen. Laws ch. 186, § 15B · Checked against the statute
- Maximum deposit
- Security deposit capped at 1 month's rent. At or before move-in the landlord may charge only first month's rent, last month's rent, the deposit and the cost of a new lock and key. Any approved fee in lieu of a deposit plus the deposit cannot exceed 1 month's rent.
- Return deadline
- 30 days after the tenancy terminates; 30 days after the tenancy terminates (Deducting for damage); 10 days (see details) (At move-in)
- If the landlord keeps it wrongly
- Triple the deposit or balance owed, plus 5% interest from the due date, court costs and reasonable attorney's fees, for failing to deposit the funds properly, transfer them to a new owner, or return the balance within 30 days (§ 15B(7)). Failing to pay interest on last month's rent within 30 days after the tenancy ends: three times the interest owed plus costs and attorney's fees (§ 15B(2)(a)). Wrongfully refusing to show the deposit records: the tenant gets the deposit back immediately with interest (§ 15B(2)).
Calculate your Massachusetts deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Return the deposit (or balance) with interest within 30 days after the tenancy ends.
- Give a sworn, itemized list of damage with written evidence of cost (estimates, bills, invoices or receipts) within 30 days after the tenancy ends.
- Give a statement of the unit's condition when the deposit is received or within 10 days after the tenancy begins, whichever is later.
The last month's rent receipt must ask for a forwarding address at the end of the tenancy. The statute does not condition the return on getting one.
Itemized list of deductions
Required: Yes. Itemized list of damage sworn under the pains and penalties of perjury, with written evidence of repair costs. Damage noted on the move-in statement cannot be charged.
What can and can't be deducted
Repair costs may be deducted only for damage caused by the tenant or the tenant's household, pets or guests, not reasonable wear and tear. The statute does not define reasonable wear and tear. The only other allowed deductions are unpaid rent or water charges and unpaid tax increases under a valid escalation clause.
Nonrefundable fees
Not allowed beyond the listed move-in payments: the landlord may not require any other fee at or before move-in. Since August 1, 2025, a broker's fee must be paid by whoever hired the broker, so a landlord cannot pass its own broker's fee to the tenant.
Interest, bank account and move-in inspection
- Interest required: Yes. A deposit held 1 year or more earns 5% a year, or the lower rate the bank pays, from the first day of the tenancy, paid every year. Last month's rent paid in advance also earns 5% (or the lower bank rate) from the first day of the tenancy, but not for the last month itself. Interest owed when a tenancy ends early is due within 30 days.
- Separate account required: Yes. Held in a separate, interest-bearing account at a bank in Massachusetts, protected from the landlord's creditors. Within 30 days the tenant must get a receipt with the bank name, address, amount and account number; if not, the tenant can get the deposit back immediately.
- Move-in inspection required: Yes. Landlord must give a signed statement of the unit's condition listing existing damage, with a required notice. Tenant has 15 days to return a list of disagreements; the landlord must respond within 15 days.
Penalties and bad faith
Triple the deposit or balance owed, plus 5% interest from the due date, court costs and reasonable attorney's fees, for failing to deposit the funds properly, transfer them to a new owner, or return the balance within 30 days (§ 15B(7)). Failing to pay interest on last month's rent within 30 days after the tenancy ends: three times the interest owed plus costs and attorney's fees (§ 15B(2)(a)). Wrongfully refusing to show the deposit records: the tenant gets the deposit back immediately with interest (§ 15B(2)).
The statute does not require bad faith. The landlord forfeits the right to keep any of the deposit by: not depositing it properly, missing the 30-day sworn list, using a lease term that conflicts with the statute, not transferring it on sale, or not returning it within 30 days (§ 15B(6)).
Getting your deposit back in court
Small claims cover claims up to $7,000 (G.L. c. 218, § 21). A suit against a landlord may also be filed where the rental property is. Court information
Before filing, many tenants send a written demand first. Write a Massachusetts demand letter →
Also good to know
- The landlord must keep deposit records for 2 years after the tenancy and show them to the tenant on request.
- A new owner must notify the tenant in writing within 45 days of taking over the deposit.
- Vacation or recreational rentals of 100 days or less are exempt.
- No late-rent penalty or interest may be charged until rent is 30 days late.
Sources
- Mass. Gen. Laws ch. 186, § 15B Retrieved October 11, 2026.
- Mass. Gen. Laws ch. 218, § 21 Retrieved October 11, 2026.
- Mass.gov: FAQ about residential rental broker's fees Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.