Getting The Deposit Back
G.L. c. 186, § 15B — no more than the first month's rent, and back within 30 days
First month, last month, a deposit, and a lock. In Massachusetts, at or before the start of a tenancy a landlord may require no more than the first full month's rent, the last full month's rent at the same rate, a security deposit equal to the first month's rent, and the cost of buying and installing a key and lock.
The deposit stays the tenant's property. The landlord holds it in a separate, interest bearing account in a Massachusetts bank, beyond the reach of the landlord's creditors, and within 30 days gives the tenant a receipt naming the bank and its location, the amount and the account number. Failing to do that entitles the tenant to the deposit back immediately.
With the deposit, or within ten days after the tenancy begins if later, the landlord gives a signed statement of the unit's present condition listing any existing damage. The tenant has fifteen days to return it, with a separate signed list of any damage they believe exists.
- Unpaid rent or water charges not lawfully withheld.
- An unpaid real estate tax increase the lease validly passes on.
- A reasonable amount to repair damage the tenant or their guests caused, reasonable wear and tear excluded, with a sworn, itemized list and written evidence of the cost.
Those are the only deductions allowed, and nothing may be taken for damage listed on the statement of condition. The landlord returns the deposit or its balance within thirty days after the tenancy ends. A deposit held a year or longer earns interest at five per cent a year, or the lesser rate the bank paid, paid to the tenant each year.
Three times the deposit. A landlord who fails to put the deposit in a proper account, fails to return what is owed within thirty days, or fails to transfer it to a new owner forfeits the right to keep any of it, and owes the tenant three times the amount due plus interest at five per cent, court costs and reasonable attorney's fees. Any lease term or waiver contrary to the section is void.
Sources for this section (1)
- G.L. c. 186, § 15B — Security deposits, last month's rent, and entry before a lease ends
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.