Contents

Massachusetts Laws

Massachusetts Regulations

Federal Regulations

Forms

Selected Case Law

Web Sources

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Massachusetts Laws

MGL c. 186, §15B : Security deposits
Provides the detailed requirements for handling security deposits

Massachusetts Regulations

940 CMR 3.17(4) pdf format of 940cmr3.17(4)
Security Deposits and Rent in Advance

Federal Regulations

24 CFR §886.315 Section 8 Housing security and utility deposits

Forms

Security Deposit Forms for Landlords and Tenants , Mass. Legal Help

Selected Case Law

Castenholz v. Caira , 21 Mass. App. Ct. 758 (1986)
"A landlord who accepts a security deposit and fails to comply with the deposit requirements of G. L. c. 186, Section 15B (3) (a)," is liable to the tenant "for the return of the security deposit pursuant to G. L. c. 186, Section 15B (3) (a)." "If the landlord refuses to acknowledge his error and return the deposit, thus forcing the tenant to employ legal process to vindicate his rights, the landlord will be liable for treble damages, interest, costs, and attorney's fees."

Dolores v. Gustafson , 2009 Mass. App. Div. 267 (2009)
Clearly explains the distinction between Castenholz and Taylor. Where "the full security deposit was not returned within 30 days of the termination of the tenancy,... the penalty provisions of s.15B(7) are controlling..., irrespective of whether the defendants made a timely return of the plaintiffs' security deposit when notified of their error."

Meikle v. Nurse , 474 Mass. 207 (2016) 
The SJC held that "a violation of the security deposit statute... may be asserted as a defense to a landlord's possession in a summary process action under G. L. c. 239, § 1A" However, "The statute does not impose an obligatory tenancy on the landlord. Nothing in the statute prevents the landlord from bringing a second summary process action for possession after he or she has remedied the violation of the security deposit statute."

Mellor v. Berman , 390 Mass. 275 (1983)
"An award of treble damages for improper retention of all or part of a security deposit is not conditional on a finding of bad faith or wilful violations by the lessor."

Taylor v. Beaudry , 75 Mass. App. Ct. 411 (2009)
Returning a security deposit after more than thirty days have passed since the end of the tenancy, but before litigation, does not get a landlord off the hook for triple damages. The "Castenholz framework is inapplicable to a landlord's failure to return the tenant's security deposit within the specified thirty days." In Castenholz, the tenant's demand for return of the deposit was the triggering event. In this case, "The statutory obligation to return the deposit is clear, as is the time within which the deposit must be returned. Equally unambiguous are the consequences of failing to comply with that deadline."

Taylor v. Burke , 69 Mass. App. Ct . 77 (2007)
Placing the money in an out-of-state bank does not conform to the statute

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Last update: November 16, 2016

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