Massachusetts Statewide Rule
Massachusetts Caps Security Deposits at One Month's Rent
Key Facts
- Deposit cap
- One month's rent
- Return deadline
- 30 days after tenancy ends
- Itemized statement
- Required (sworn itemized list of damages within 30 days)
- Statute
- Mass. Gen. Laws ch. 186, sec. 15B
- Penalty
- Treble damages + 5% interest + court costs + attorney's fees
Summary
Massachusetts has one of the nation's strictest security deposit laws. A landlord may collect no more than one month's rent as a security deposit, must hold it in a separate interest-bearing Massachusetts bank account, provide a receipt and a written statement of condition, pay annual interest, and return the deposit within 30 days after tenancy ends.
(b) At or prior to the commencement of any tenancy, no lessor or agent of the lessor may require a tenant or prospective tenant to pay, to the lessor or to an agent of the lessor, any amount in excess of the following: (i) rent for the first full month of occupancy; and, (ii) rent for the last full month of occupancy calculated at the same rate as the first month; and, (iii) a security deposit equal to the first month's rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2);
Full Breakdown
Under Mass. Gen. Laws ch. 186, sec. 15B, a residential security deposit cannot exceed the first month's rent. The deposit must be held "in a separate, interest-bearing account in a bank, located within the commonwealth" beyond the reach of the landlord's creditors, and the tenant must receive a receipt naming the bank plus a written statement of the premises' condition. Interest accrues at five percent per year (or the lesser rate the bank pays) and must be paid to the tenant annually and at termination. The landlord must "within thirty days after the termination of occupancy" return the deposit or any balance, with an itemized list of any deductions for unpaid rent or damage beyond reasonable wear and tear.
Violations & Penalties
Failure to hold the deposit in a separate interest-bearing account, return it within 30 days, or provide required statements can entitle the tenant to three times (treble) the deposit amount, plus 5% interest, court costs, and reasonable attorney's fees under Mass. Gen. Laws ch. 186, sec. 15B(6)-(7).
Frequently Asked Questions
How much can a landlord charge for a security deposit in Massachusetts?
How long does a landlord have to return a security deposit in Massachusetts?
What can a landlord deduct from a security deposit in Massachusetts?
Sources
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