To learn more about steps that tenants can take to protect their security deposit after they've paid it, check out Nolo's article Protect Your Security Deposit When You Move In. Under Massachusetts law, a landlord must return the tenant's security deposit within 30 days after the tenant has surrendered the rental property to the landlord that is, returned the keys and vacated the property.
Landlords in Massachusetts must, at the time of receiving the security deposit, provide the tenant with a receipt indicating the amount of the deposit; the name of the person receiving it, and, if received by a property manager, the name of the lessor for whom the security deposit is received; the date on which the deposit is received; and a description of the premises leased or rented. Within 30 days of receiving the security deposit, the landlord must disclose the name and location of the bank in which the deposit has been deposited, and the amount and account number of the deposit.
Interest should be paid yearly, and within 30 days of the termination date. Interest will not accrue for the last month for which rent was paid.
If you want to go right to the source and look up Massachusetts law on security deposits—or if you're writing a letter to your landlord or tenant and want to cite the applicable law—the relevant statute s can be found at Massachusetts General Laws Annotated chapter , section 15B To read Massachusetts statutes, visit the Massachusetts Legislature's website , or check out the Library of Congress's legal research site.
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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The lessor shall at the same time give or send to such tenant the interest which is due or shall notify the tenant that he may deduct the interest from the next rental payment of such tenant.
If, after thirty days from the end of each year of the tenancy, the tenant has not received said interest due or said notice to deduct the interest from the next rental payment, the tenant may deduct from his next rent payment the interest due.
If the lessor fails to pay any interest to which the tenant is then entitled within thirty days after the termination of the tenancy, the tenant upon proof of the same in an action against the lessor shall be awarded damages in an amount equal to three times the amount of interest to which the tenant is entitled, together with court costs and reasonable attorneys fees.
Said receipt shall be signed by the person receiving the security deposit. Such written statement shall also contain a comprehensive listing of any damage then existing in the premises, including, but not limited to, any violations of the state sanitary or state building codes certified by a local board of health or building official or adjudicated by a court and then existing in the premises.
Such statement shall be signed by the lessor or his agent and contain the following notice in twelve-point bold-face type at the top of the first page thereof:. You should read it carefully in order to see if it is correct.
If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.
If the tenant submits to the lessor or his agent a separate list of damages, the lessor or his agent shall, within fifteen days of receiving said separate list, return a copy of said list to the tenant with either such lessor's signed agreement with the content thereof or a clear statement of disagreement attached. Said record shall also include copies of any receipt or statement of condition given to a tenant or prospective tenant as required by this section.
Said record shall be available for inspection upon request of a tenant or prospective tenant during normal business hours in the office of the lessor or his agent. Upon a wrongful failure by the lessor or his agent to make such record available for inspection by a tenant or prospective tenant, said tenant or prospective tenant shall be entitled to the immediate return of any amount paid in the form of a security deposit together with any interest which has accrued thereon.
The lessor or his agent shall maintain said record for each dwelling unit or premises for which a security deposit was accepted for a period of two years from the date of termination of the tenancy or occupancy upon which the security deposit was conditioned. Have lease: If you have a written lease, your tenancy ends when your lease ends. If you move before the lease ends, the landlord does not have to return the security deposit until 30 days after the last day of the lease.
After you move out After you move out, you have a right to ask your landlord to return your security deposit if: Your landlord does not give you an itemized list of damages within 30 days after you move out, or Your landlord does not return your deposit or any balance owed you, with interest, within 30 days of when your tenancy ends.
Take photos of all of the rooms in case you need to prove the condition of the apartment when you moved out. Ask the landlord to inspect the apartment with you and to point out any damage she plans to subtract from your security deposit. Have your Statement of Condition with you in case you need to show the landlord that the problem existed when you moved in.
See Statement of Condition Form 3. You may be able to reach an agreement with the landlord before you move out. If your landlord refuses to inspect the apartment, make your own list of any damage or improvements.
Sign and date it, then mail it to her after you move out. Remember to put in an address where she can send the security deposit.
Demand Letter You can use a demand letter whenever you have the right to an immediate return of your deposit, even if it is not at the end of your tenancy. Send the letter by certified mail, return receipt requested. Keep a copy for your records. Taking Your Landlord to Court You can take your landlord to court if she: Fails to respond to your demand letter; Fails to return your security deposit, with interest, within 30 days of the day you move out, or 30 days of the last day of your lease; Fails to give you a complete list of damages within 30 days after you move out; Failed to give you a complete receipt within 30 days of your giving the landlord a security deposit when you first moved in.
Failed to put the money in a separate bank account that is protected from creditors; Failed to transfer a security deposit to a new owner; or Asked you to give up your rights orally or in writing. Triple Damages If you go to court, the court must award 3 times your security deposit if the court finds that your landlord has failed to: Properly deposit a security deposit in a bank account separate from the landlord's funds and protected from creditors; 45 Transfer a security deposit to a new owner; or Return the security deposit or balance that you have a right to within 30 days of the end of your tenancy.
Where to file Most security deposit cases can be filed as a Small Claims case. Endnotes Feedback Was the page helpful?
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I do not like the answer. If you don't, sorry! But you cannot deduct from the security deposit no matter how badly your apartment has been trashed. Give the whole deposit back. The conditions statement lists things that were broken on move-in. You can't deduct for anything on this list. You can't safely deduct for anything mentioned, even if the renters made it worse.
For instance, if a door was listed because it had loose hinges, and now the door has fallen off entirely, you cannot deduct for that. The door was already presumed trash. Massachusetts security deposit law has a standard for deductions. You can only deduct for things that are beyond reasonable wear and tear. This means that a carpet stain for a renter who lived in the unit for several years might be considered normal. It's open to litigation. Some landlords treat carpet, paint, miniblinds, and even garbage disposals as breakable consumables that they replace each vacancy.
If you have unusual damage, you may want to fix it yourself. If you do, you may not be able to deduct the value of your time for it. The Massachusetts general law talks about only hourly rate for wages, and that's the minimum wage. You also need to prove how many hours you worked. If you purchase a new doorknob to replace one that has gone missing, save the receipt, because that will be deductible. In general, it is far easier to effect a Massachusetts security deposit return by paying a contractor to fix what's broken, and then using their invoice as your receipt.
You must give receipts for everything. There are strict deadlines for evaluating damage and returning the deposit. You must follow these and send the deposit back, less deductions. You must always add back interest. It doesn't matter if the damage is more extensive than the entire value of the deposit. The interest can never be taken by the landlord.
This letter from Larry to Ashley see The Ashley Story, below was a good effort to disclose withholding and comply with the Massachusetts security deposit law. But it lacked key verbiage and cost the landlord thousands. Log in or join to access all savings, benefits and resources. If you return a deposit mid-tenancy because you haven't complied with the law, you are not liable for triple damages.
See David J. If you return a deposit more than 30 days after the end of a tenancy but prior to the start of litigation, you are still liable for triple damages. See John C. Taylor vs.
More specifically, if the Massachusetts Department of Revenue DOR wants to collect from a tenant for unpaid taxes or child support, can it reach into a security-deposit account? The answer is yes. Massachusetts law allows DOR to levy bank accounts in order to enforce child-support payments c. First, the department has to issue a levy notice to the bank, which must then search its records looking for a match with the name or tax identification number on the DOR notice.
If it finds a match — even if the person owing taxes or child support is listed as a joint or co-owner of the account — the bank must suspend activity for 21 days. During this period, the account owners can ask the department to review the decision.
The statutes exempt certain accounts from levy, but security deposit accounts are not among them. This may come as a surprise to some, but it is consistent with the purpose and rationale of the security deposit law, M.
Money in a security-deposit account belongs to the tenant, not the landlord. Maxwell , 54 Mass. That is how the US Bankruptcy Court interprets the statute. In re. Bologna , B.
If a landlord learns from the bank that DOR has frozen the security-deposit account, what can the landlord do? During the day holding period, the landlord may ask DOR, in writing, to reconsider a phone call is not sufficient.
After that, if DOR has already taken the money, landlords may challenge the levy as wrongful and apply for a refund. In the event that a landlord only learns about the levy after the event, e. Specifically, the landlord could ask a court to compel the bank to explain what happened, and then ask the court to review the DOR decision. The credit unions vehemently argue "yes," but the literal wording of the law requires a "bank. Arguably if the legislature had intended for credit unions to be valid holders of security deposits, it would have written "secure depository," "financial institution," or similar.
It's common practice with long-term tenancies for rents to increase, and for landlords to ask for additional money to add to the existing security deposit.
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