Getting Your Security Deposit Back in Massachusetts
My landlord won't return my deposit — here's what Massachusetts law says and what to do next.
Statute: Mass. Gen. Laws ch. 186, § 15B
Deadline: 30 days
Penalty: Landlord may be liable for treble (3×) the deposit amount plus 5% annual interest and reasonable attorney fees
What is getting your security deposit back?
When you move out, your landlord must return your security deposit within a specific timeframe set by your state's law. They can only deduct for legitimate reasons: unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
Your landlord cannot keep your deposit for normal wear (scuffed floors, faded paint, minor nail holes). Most states require landlords to provide an itemized list of any deductions.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Before moving out, take photos and video of every room. Date-stamp them. This documents the condition of the unit.
Step 2: Do a walkthrough with your landlord if possible. Get them to sign off on the condition of the unit, or note any disputes in writing.
Step 3: Provide your forwarding address in writing so the landlord knows where to send the deposit.
Step 4: If your landlord doesn't return the deposit within your state's deadline, send a demand letter via certified mail requesting the return.
Step 5: If they still won't return it, file in small claims court. Many states allow you to recover 2-3x the deposit amount as a penalty for wrongful withholding.
How Massachusetts differs from federal law
Massachusetts has some of the strictest security deposit laws in the country:
- Maximum deposit: first month's rent, last month's rent, a security deposit equal to one month's rent, and the cost of a new lock and key — no more
- The security deposit cannot exceed one month's rent
- Landlords must hold the deposit in a separate, interest-bearing escrow account at a Massachusetts bank
- Landlords must provide a receipt and a statement of the account's location within 30 days
- Interest must be paid to the tenant annually or deducted from rent
- Deposit must be returned within 30 days of move-out with an itemized list of any deductions
- Failure to comply with any requirement can result in the landlord owing treble damages (3x the deposit) plus attorney fees
Additional steps in Massachusetts
If your landlord violates security deposit rules, send a written demand via certified mail. You can file in MA small claims court (up to $7,000) or district court. Contact Massachusetts Legal Aid at masslegalhelp.org or (617) 603-1700. Treble damages are available under MGL c. 186, § 15B.
What you should NOT do
Don't leave without documenting. Without move-out photos, it's your word against the landlord's about the unit's condition.
Don't skip the demand letter. Courts want to see that you tried to resolve it before suing. A certified letter creates a paper trail.
Don't wait too long. Most states have a statute of limitations (2-6 years) for security deposit claims. File promptly.
Don't accept a partial return without reserving your rights. If you cash a partial refund check, note in writing that you're still disputing the deductions.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your security deposit →This page is general legal information for Massachusetts, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Massachusetts.