Massachusetts Security Deposit Law, in Plain English

Massachusetts has the most demanding deposit statute in the country. It dictates exactly four things a landlord may collect at move-in, requires two receipts and a written Statement of Condition, puts the money in a segregated bank account earning interest, demands a damage list sworn under penalty of perjury — and triples the deposit for landlords who miss the steps that matter. Here's how M.G.L. c. 186 § 15B actually works, for both sides of the lease.

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30 daysDeadline after the tenancy ends to return the deposit with interest and a sworn itemized damage list
1 month's rentMaximum deposit — and one of only four payments a landlord may collect at move-in
10 / 15 / 15 daysStatement of Condition delivered within 10 days; tenant responds within 15; landlord replies within 15
5%Annual interest (or the bank's lower actual rate), paid yearly and at move-out
3x the depositTreble damages, plus interest, costs, and attorney's fees, for the statute's core failures

Four payments, and nothing else

§ 15B is unusual in listing everything a landlord may require at or before move-in: first month's rent, last month's rent (at the same rate), a security deposit of no more than one month's rent, and the cost of a new lock and key. That list is exhaustive. Pet deposits, cleaning deposits, "move-in fees," and application charges on top of it are unlawful — and any lease term that conflicts with the statute is itself a violation. Last month's rent paid in advance isn't a deposit, but it earns the same 5% interest, paid yearly — a separate obligation that trips up many landlords.

Two receipts, one segregated account, 5% interest

On payment, the tenant gets a signed receipt stating the amount, date, who received it, the landlord's name if an agent took it, and a description of the premises. Within 30 days, the deposit must be in a separate, interest-bearing account at a Massachusetts bank, beyond the reach of the landlord's creditors — and the tenant gets a second receipt naming the bank, its location, the account number, and the amount. Interest runs at 5% per year, or the lesser rate the bank actually pays, and is due at the end of each year of the tenancy and within 30 days of termination. A landlord who fails to pay interest lets the tenant deduct it from rent during the tenancy, or sue afterward.

The Statement of Condition — Massachusetts' statutory move-in inspection

When the deposit is paid, or within 10 days of the tenancy starting (whichever is later), the landlord must give the tenant a written Statement of Condition describing the unit and any existing damage, headed by the statute's exact notice in 12-point bold type. The tenant has 15 days from receiving it (or from moving in, if that's later) to return it signed — or with a separate signed list of damage the landlord missed. The landlord then has 15 days to return a copy agreeing or disagreeing in writing. The document has teeth: anything listed on the Statement of Condition, or on the tenant's list, cannot be deducted at move-out unless the landlord proves renewed damage unrelated to what was noted. It's the single most valuable form in Massachusetts tenancy — and a form is still just words. "Wall scuffed" is an argument; a dated photo of the wall is a fact.

Just moved in? You have 15 days to return the Statement of Condition

If you paid a security deposit, your landlord must give you a written Statement of Condition, listing any existing damage, when you pay it or within 10 days after your tenancy starts, whichever is later.

Your part: if it's correct, sign it. If not, attach your own signed list of the damage. Return it within 15 days after you receive it or 15 days after you move in, whichever is later. If you don't, the notice on the form warns that a court "may later view your failure to return the list as your agreement" that it is complete and correct. Damage on the statement or on your list generally can't be deducted later (M.G.L. c. 186, § 15B(2)(c) and (4)).

Walk every room before you unpack: walls, floors, windows, doors, appliances.
Photograph anything damaged, close up and from across the room.
Write each problem on your list with its room, for example "bedroom 2: crack in window glass".
Keep the landlord's reply: within 15 days of getting your list, they must return a copy that agrees or disagrees.

None of these laws says how to send it. Check your lease for how notices must be sent, then use a way that shows the date, like certified mail or email, and keep a copy.

My landlord never gave me a Statement of Condition. What now? It's required only if you paid a security deposit. If you did, ask for it in writing, then send your own dated list with photos anyway.

I found more damage after the 15 days. Is it too late? The statute doesn't cover later lists. Send a dated note with photos as soon as you find it, and keep a copy.

The statute gives you a Statement of Condition. Give it photographs.

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Massachusetts law requires landlords to furnish a written Statement of Condition and a sworn itemized list of damages. PropInspect helps you capture a dated, room-by-room record to accompany them. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Massachusetts law or a particular result in a deposit dispute.

After move-out: 30 days, and every deduction under oath

Within 30 days of the tenancy ending, the landlord must return the deposit plus interest, less an itemized list of damages sworn to under the pains and penalties of perjury, with written evidence of the repair cost — estimates, bills, invoices, or receipts. Deductible items are narrow: unpaid rent, unpaid real-estate tax increases the lease obligated the tenant to pay, and repair of damage caused by the tenant or guests — reasonable wear and tear expressly excluded. Routine cleaning, repainting, and carpet-cleaning fees don't qualify. Neither does anything already noted on the Statement of Condition.

When it goes wrong: forfeiture first, then treble damages

§ 15B punishes in two layers. Forfeiture (subsection 6): a landlord who fails to bank the deposit properly, fails to furnish the itemized list within 30 days, writes conflicting terms into the lease, or fails to transfer the deposit to a new owner forfeits the right to retain any portion of it. Real damage doesn't matter; the whole deposit comes back. Treble damages (subsection 7): failing to put the deposit in a proper separate account, failing to furnish the sworn damage list within 30 days, failing to return the deposit within 30 days, or failing to transfer it to a successor costs the landlord three times the deposit, plus 5% interest, court costs, and reasonable attorney's fees. The overlap with the forfeiture list is deliberate — the same slip triggers both. And the Attorney General's regulations designate § 15B violations as unfair and deceptive practices under Chapter 93A, adding another route to multiplied damages. Massachusetts courts apply all of this literally. Landlords who lose track of a bank receipt routinely lose the entire deposit; landlords who mail the damage list on day 31 routinely pay triple. Disputes go to the Small Claims Session of the District Court, Boston Municipal Court, or Housing Court — filing limit $7,000, though a treble-damages award in a deposit case can exceed that and still be heard there. The winning file: the lease, both receipts, the Statement of Condition and the tenant's response, the sworn list, and dated room-by-room photos from move-in and move-out.

Sources and official texts

The official sources for this guide are M.G.L. c. 186, § 15B — the security deposit statute; Mass.gov's plain-language guide to tenants' security deposits; the Attorney General's regulations, 940 CMR 3.17 — landlord-tenant practices designated unfair or deceptive under Chapter 93A; and the Mass.gov Small Claims page ($7,000 limit, with a carve-out that keeps larger deposit cases in small claims).

Frequently asked questions

How long does a landlord have to return a security deposit in Massachusetts?

30 days after the tenancy ends. The landlord must return the deposit plus accrued interest, minus any deductions — and every deduction must appear on an itemized list sworn to under the pains and penalties of perjury, with written evidence of the repair cost.

How much can a landlord charge for a security deposit in Massachusetts?

No more than one month's rent. In fact the statute lists everything a landlord may collect at move-in: first month's rent, last month's rent, a security deposit of up to one month, and the cost of a new lock and key. Pet deposits, cleaning deposits, and other up-front charges are unlawful.

What is the Statement of Condition?

A written description of the unit's condition the landlord must give you when you pay the deposit or within 10 days of moving in, whichever is later, with a required bold-face notice. You have 15 days from receiving it, or from moving in if that's later, to sign and return it — or attach your own list of damage — and the landlord has 15 days to respond. Anything listed on it can't be deducted from your deposit later unless the landlord proves new, unrelated damage. Pair it with dated photos.

Where does my deposit have to be kept, and do I get interest?

Within 30 days of paying, the deposit must be in a separate interest-bearing account at a Massachusetts bank, beyond the reach of the landlord's creditors, and you must receive a receipt naming the bank, the account number, and the amount. Interest is 5% per year (or the bank's lower actual rate), paid at the end of each year of tenancy and within 30 days after you leave. Last month's rent paid in advance earns interest too.

What can a landlord deduct from a deposit in Massachusetts?

Unpaid rent, unpaid real estate tax increases you agreed to in the lease, and repair of damage you or your guests caused — reasonable wear and tear expressly excluded. Each damage item must be on the sworn itemized list with estimates, bills, or receipts. Routine cleaning and repainting are not deductible.

What are treble damages, and when do I get them?

Three times the deposit, plus 5% interest, court costs, and reasonable attorney's fees. § 15B(7) awards them when a landlord fails to put the deposit in a proper separate account, fails to furnish the sworn itemized damage list within 30 days, fails to return the deposit within 30 days, or fails to transfer it to a new owner. Separately, the Attorney General's regulations make § 15B violations unfair practices under Chapter 93A.

What happens if the landlord gets the paperwork wrong but eventually pays?

Under § 15B(6), a landlord who fails to bank the deposit properly, skips the itemized list, puts conflicting terms in the lease, or fails to transfer the deposit to a successor forfeits the right to retain any portion — the whole deposit comes back regardless of damage. Massachusetts courts apply this strictly; landlords who lose track of a $50 bank receipt routinely lose the whole deposit.

Where do deposit disputes go in Massachusetts?

The Small Claims Session of the District Court, Boston Municipal Court, or Housing Court, for claims up to $7,000 — and a treble-damages award in a deposit case can exceed that limit and still be heard there. Bring the lease, both receipts, the Statement of Condition and your response, the sworn damage list, and dated move-in and move-out photos.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Massachusetts law or a particular result in a deposit dispute.

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