Massachusetts security deposit law: the 30-day deadline, penalties, and how to get your money back
Under Mass. Gen. Laws ch. 186, § 15B, your landlord has 30 days after you move out to return your security deposit or send an itemized statement of deductions. Missing the 30-day sworn itemized list, mishandling the escrow account, or failing to return the balance forfeits the right to retain ANY portion of the deposit and to counterclaim for damage (§ 15B(6)).
At a glance
- Return deadline
- 30 days after move-out
- Statute
- Mass. Gen. Laws ch. 186, § 15B
- Itemized statement
- Required
- Attorney's fees recoverable
- Yes
- Small claims limit
- $7,000 (Small Claims (District, Boston Municipal, or Housing Court))
- Filing fee
- $40–$150 by claim size (+$7 eFiling)
The 30-day deadline and itemization rules
To deduct for damage, the landlord must provide within 30 days an itemized list of damages sworn to under the pains and penalties of perjury, describing the damage and necessary repairs in precise detail (§ 15B(4)(iii)); damage already on the move-in Statement of Condition can't be deducted.
The sworn list must be accompanied by written evidence — estimates, bills, invoices, or receipts — showing the actual or estimated repair cost (§ 15B(4)(iii)); undocumented costs cannot be deducted.
Penalties for wrongfully keeping your deposit
For failing to return the deposit within 30 days, keep it in a separate interest-bearing Massachusetts bank account, or transfer it to a successor owner, the tenant shall be awarded three times the amount due plus 5% interest, court costs, and attorney's fees (§ 15B(7)) — the treble award is mandatory. One of the strongest tenant statutes in the country.
Deposit capped at one month's rent; must sit in a separate MA interest-bearing account with a bank receipt to the tenant within 30 days, plus a signed Statement of Condition at move-in. Violations by professional landlords are also unfair practices under G.L. c. 93A (940 CMR 3.17(4)) — send the demand letter as a 93A demand and wait 30 days to unlock 93A remedies; treble damages can push awards past the $7,000 small-claims cap.
Taking your landlord to small claims (district, boston municipal, or housing court)
If a demand letter does not resolve the dispute, Massachusetts lets you sue in Small Claims (District, Boston Municipal, or Housing Court) for up to $7,000. Filing fees typically run $40–$150 by claim size (+$7 eFiling), lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a Massachusetts landlord have to return a security deposit?
30 days after move-out under Mass. Gen. Laws ch. 186, § 15B. To deduct for damage, the landlord must provide within 30 days an itemized list of damages sworn to under the pains and penalties of perjury, describing the damage and necessary repairs in precise detail (§ 15B(4)(iii)); damage already on the move-in Statement of Condition can't be deducted.
What happens if the landlord misses the 30-day deadline in Massachusetts?
Missing the 30-day sworn itemized list, mishandling the escrow account, or failing to return the balance forfeits the right to retain ANY portion of the deposit and to counterclaim for damage (§ 15B(6)).
What penalties does Massachusetts law impose for wrongfully keeping a deposit?
For failing to return the deposit within 30 days, keep it in a separate interest-bearing Massachusetts bank account, or transfer it to a successor owner, the tenant shall be awarded three times the amount due plus 5% interest, court costs, and attorney's fees (§ 15B(7)) — the treble award is mandatory. One of the strongest tenant statutes in the country.
Can I sue my landlord in small claims court in Massachusetts?
Yes — Small Claims (District, Boston Municipal, or Housing Court) handles deposit disputes up to $7,000. Typical filing fees run $40–$150 by claim size (+$7 eFiling), and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Massachusetts?
No. Like every state, Massachusetts does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. Deposit capped at one month's rent; must sit in a separate MA interest-bearing account with a bank receipt to the tenant within 30 days, plus a signed Statement of Condition at move-in. Violations by professional landlords are also unfair practices under G.L. c. 93A (940 CMR 3.17(4)) — send the demand letter as a 93A demand and wait 30 days to unlock 93A remedies; treble damages can push awards past the $7,000 small-claims cap.
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