DisputeKit / Massachusetts
How long does a Massachusetts landlord have to return a security deposit?
30 days. Under Massachusetts General Laws c. 186, § 15B(4), a landlord must return the security deposit or its balance, and for any damage deduction provide an itemized list of damages sworn under the pains and penalties of perjury with written evidence of the repair cost, such as estimates, bills, invoices or receipts within 30 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award three times the security deposit or balance the tenant is entitled to, plus 5% interest, court costs and reasonable attorney's fees, if the landlord does not return it within 30 days, did not hold it in a separate interest-bearing account, or did not transfer it to a new owner.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
What Massachusetts law says about deductions and your rights
- Deductions are limited to unpaid rent or water charges, unpaid real estate tax increases under a valid tax escalation clause, and reasonable repair costs for damage beyond reasonable wear and tear.
- The itemized list must be sworn under the pains and penalties of perjury and come with written evidence such as estimates, bills, invoices or receipts; no deduction is allowed for damage already listed in the statement of condition given at move-in.
- A landlord who took a deposit must give a receipt, a signed statement of the unit's condition within 10 days of the tenancy starting, and within 30 days a bank receipt showing the bank, account number and amount; failing to hold the deposit in a separate interest-bearing account entitles the tenant to its immediate return.
- The deposit may not exceed one month's rent, and a deposit held a year or more earns interest (5% or the bank's lower rate) payable to the tenant.
- Treble damages under subsection (7) apply to failure to return the deposit on time, failure to hold it properly, or failure to transfer it on a sale; they do not require proof of bad faith.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Massachusetts is $7,000 (a court can still award double or treble statutory damages above this, e.g. under the security deposit law), and the filing fee is $40 to $150 depending on the amount claimed, plus $7 if you file online.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Massachusetts?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Massachusetts law allows a court to award three times the security deposit or balance the tenant is entitled to, plus 5% interest, court costs and reasonable attorney's fees, if the landlord does not return it within 30 days, did not hold it in a separate interest-bearing account, or did not transfer it to a new owner. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Massachusetts is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.