| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent and water bills
Unpaid real estate taxes Costs of damage |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 3x amount due + 5% interest + court costs + attorneys’ fees |
For laws on security deposit collections and holdings in Massachusetts, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Massachusetts
In Massachusetts, the following can be deducted from security deposits:
- Unpaid rent and water bills
- Unpaid increase in real estate taxes as outlined in the lease
- Costs of damage excluding normal wear and tear and any damage identified through the initial inspection (unless the landlord can prove it was repaired after the initial inspection and then damaged again)
Most states, including Massachusetts, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Massachusetts?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Massachusetts?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Massachusetts?
Massachusetts landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Massachusetts?
Landlords cannot make deductions from the security deposit for cleaning unless the tenant causes damage that requires cleaning such as wine stains on the carpet.
Can the Landlord Charge for Painting in Massachusetts?
Massachusetts landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
e for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Massachusetts
Landlords must return a security deposit with interest (if due) to the tenant with an itemized list of damages (if there are deductions) no later than 30 days after the termination of the lease.
How Long Do Landlords Have to Return Security Deposits in Massachusetts?
Massachusetts landlords must return any remaining portion of security deposits within 30 days after the termination date specified in a written lease agreement (or after the tenant vacates the rental unit in a tenancy-at-will).
Do Landlords Owe Interest on Security Deposits in Massachusetts?
Landlords in Massachusetts do owe interest on security deposits, but only if they’re held for one year or longer. The interest rate must be 5% or the actual interest paid by the bank, whichever is lower. Interest accrues from the first day of the lease term.
How Do Landlords Give Notice in Massachusetts?
If deductions are to be made from the security deposit, a written explanation of deductions must be sent with the remaining portion of the security deposit (if any).
The written notice must include a detailed description of the deductions including amounts, receipts, invoices, estimates, and any other relevant documentation.
The written notice must be signed by the landlord or their agent and state specifically that it is signed under the pains and penalties of perjury.
Can a Security Deposit Be Used for Last Month’s Rent in Massachusetts?
Massachusetts law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Massachusetts
If landlords do not return the security deposit or provide a written statement of deductions, if any, within the required time period, tenants can file for damages in court up to three times the amount of the deposit due to the tenant plus 5% interest, court costs, and reasonable attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Collection of a security deposit that exceeds the limit
- Failure to provide a receipt or inventory of damages
- Failure to place the security deposit in an interest-bearing account, send required notice, or pay interest due
- Failure to include a detailed record of deductions including receipts, invoices, etc.
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Massachusetts?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in the small claims division of District, Housing, or Boston Municipal Court if the amount claimed is less than $7,000. If the amount is greater, the tenant must file a regular civil case.
A small claims case regarding the return of a security deposit must be filed within 4 years.
Cases are filed in the county where the property is located or where the defendant or plaintiff lives, works or does business. An attorney is not required but permitted. Filing fees are $40 to $150, depending on the amount sought in damages.
Sources
- 1 Mass. Gen. Laws ch. 186 § 15B(4)
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The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof; provided, however, that the lessor may deduct from such security deposit for the following:
(i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law.
(ii) any unpaid increase in real estate taxes which the tenant is obligated to pay pursuant to a tax escalation clause which conforms to the requirements of section fifteen C; and
(iii) a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. In the case of such damage, the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof. No amount shall be deducted from the security deposit for any damage to the dwelling unit which was listed in the separate written statement of the present condition of the premises which was required to be given to the tenant prior to the execution of the lease or creation of the tenancy pursuant to clause (c) of subsection (2) or any damages listed in any separate list submitted by the tenant and signed by the lessor or his agent pursuant to said clause (c), unless the lessor subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the prior damage and was caused by the tenant or by any person under the tenant’s control or on the premises with the tenant’s consent. Nothing in this section shall limit the right of a landlord to recover from a tenant, who wilfully or maliciously destroys or damages the real or personal property of said landlord, to the forfeiture of a security deposit, when the cost of repairing or replacing such property exceeds the amount of such security deposit.
No deduction may be made from the security deposit for any purpose other than those set forth in this section.
Source Link - 2 Mass. Gen. Laws ch. 186 § 15B
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A lessor of residential real property who holds a security deposit pursuant to this section for a period of one year or longer from the commencement of the term of the tenancy shall, beginning with the first day of the tenancy, pay interest at the rate of five per cent per year, or other such lesser amount of interest as has been received from the bank where the deposit has been held payable to the tenant at the end of each year of the tenancy. Such interest shall be paid over to the tenant each year as provided in this clause, provided, however, that in the event that the tenancy is terminated before the anniversary date of the tenancy, the tenant shall receive all accrued interest within thirty days of such termination. Such interest shall be beyond the claims of such lessor, except as provided for in this section. At the end of each year of a tenancy, such lessor shall give or send to the tenant from whom a security deposit has been received a statement which shall indicate the name and address of the bank in which the security deposit has been placed, the amount of the deposit, the account number, and the amount of interest payable by such lessor to the tenant. The lessor shall at the same time give or send to each such tenant the interest which is due or shall include with the statement required by this clause a notification that the tenant may deduct the interest from the tenant’s next rental payment. If, after thirty days from the end of each year of the tenancy, the tenant has not received such notice or payment, the tenant may deduct from his next rent payment the interest due.
Source Link - 3 Mass. Gen. Laws ch. 186 § 15B(7)
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If the lessor or his agent fails to comply with clauses (a), (d), or (e) of subsection 6, the tenant shall be awarded damages in an amount equal to three times the amount of such security deposit or balance thereof to which the tenant is entitled plus interest at the rate of five per cent from the date when such payment became due, together with court costs and reasonable attorney’s fees.
Source Link
- 4 Mass. Gen. Laws ch. 218 § 21
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There shall be within the district court department and the Boston municipal court department a simple, informal and inexpensive procedure, hereinafter called the procedure, for the determination, according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages more than $7,000; provided, however, that a city or town may bring an action under section 35 of chapter 60 for the collection of unpaid taxes on personal property in any amount or any other action which shall not exceed $15,000; and provided further, that said dollar limitation shall not apply to an action for property damage caused by a motor vehicle, and for a review of judgments upon such claims when justice so requires…
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