Massachusetts law about tenants' security deposits

Security deposits, Mass. Housing Court.
Find information about the process of collecting, paying, holding, using, and returning or getting back a security deposit for a residential tenancy.

Security deposits and last month's rent, Mass. Law Reform Institute, 2025.
Chapter 3 of the eBook Legal tactics: Tenants' rights in Massachusetts. Provides detailed information for tenants on security deposit law.

Laws

MGL c. 186, § 15B Security deposits
Provides the detailed requirements for handling security deposits, interest rates, and security deposit violations where a tenant may be awarded triple damages.

• Vacation rentals, subsection (9): "The provisions of this section shall not apply to any lease, rental, occupancy or tenancy of one hundred days or less in duration which lease or rental is for a vacation or recreational purpose."

Regulations

940 CMR 3.00 General regulation (Consumer protection)

• 940 CMR 3.17(4) Landlord-tenant: Security deposits and rent in advance

Laws

11 U.S.C. § 365(h) Executory contracts and unexpired leases
If a landlord declares bankruptcy, a tenant's security deposit is not considered an asset of the bankruptcy estate.

Regulations

24 CFR § 886.315 Security and utility deposits (Section 8 Housing)

Castenholz v. Caira, 21 Mass. App. Ct. 758 (1986)
If a landlord does not place a security deposit in an escrow account within 30 days of receipt, and fails to return the security deposit to the tenant, and the tenant must go to court to get the money back, the landlord must pay triple damages, interest, costs, and attorney’s fees.

Karaa v. Yim, 86 Mass. App. Ct. 714 (2014)
When the landlord did not return the security deposit within 30 days of the end of tenancy, the tenant was not entitled to triple damages because the tenants had offered the security deposit as compensation for breaching the lease.

Peebles v. JRK Property Holdings, Inc., SJC-13702 (August 1, 2025)
The security deposit statute, G. L.  c. 186, § 15B, does not permit deductions from a tenant’s security deposit to repair reasonable wear and tear and that whether damage is considered “reasonable wear and tear” is fact-specific.

Phillips v. Equity Residential Management, LLC, 478 Mass. 251 (2017)
Not all violations of the security deposit act call for triple damages. A tenant is only entitled to recover triple damages for those violations of the act that specifically call for an award of triple damages.

Ryan v. Mary Ann Morse Healthcare Corp., 483 Mass. 612 (2019)
The security deposit law applies to assisted living residences, but those residences can also charge additional up-front fees for the unique services they provide that are not applicable to ordinary landlord-tenant relationships.

Shwachman v. Khoroshansky, 15 Mass. App. Ct. 1002 (1983)
Commercial tenancies. The security deposit statute, G. L.  c. 186, § 15B does not apply. "The purpose of § 15B is to assist “tenants in residential property...".

Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009)
The tenant may still apply treble damages if the landlord returns the security deposit after the 30 days but before the beginning of legislation.

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)
"This court concluded that G. L. c. 186, § 15B, which governs the handling of a tenant's security deposit by a landlord, requires the landlord to hold the deposit in an account that has been opened in a bank in the Commonwealth."

Housing forms, checklists, and letters, Mass. Law Reform Institute, 2025.
Provides sample forms and letters, including:

• Statement of condition (sample)
  This is a sample statement of the condition of the premises you have leased or rented. This statement must be returned to the Landlord, Lessor or Agent within 15 days after you receive it or within 15 days after you move in, whichever is later.
• Security deposit demand letter
  "If your landlord does not follow the law, you can ask her to return your security deposit - even if you are still living in the apartment." (Legal tactics, Chapter 3)
• Security deposit demand tenants
  "If 45 days pass and you have not heard from your landlord use this letter to demand that she return your money, plus interest." (Legal tactics, Chapter 3)

Many print legal sources in the law libraries also include sample forms. Scroll down to Print sources on this page for more information.

Getting your security deposit back, Mass. Legal Help, 2025.
Explains what a tenant needs to do to get their security deposit returned.

How to be a landlord in Massachusetts and avoid legal trouble: Security deposits (Chapter 25), A. Joseph Ross, May 2020.
Helpful information for landlords.

Mandatory statement of condition, Mass. Office of Consumer Affairs and Business Regulation.
If a landlord or agent takes a security deposit, they must provide a signed, separate statement of the present condition of the apartment including a comprehensive list of any existing damage.

Security deposits law, MassLandlords.net.
Includes an introduction to Massachusetts security deposit law for landlords, what must be in a security deposit receipt, a checklist to avoid security deposit triple damages, how to make a security deposit return, and more. Also refer to:

• FAQ about security deposits, MassLandlords.net Newsletter, March 2020 (pp. 20-24)
  Answers common questions from landlords regarding how to handle security deposits.

Every landlord's legal guide by Marcia Stewart, 17^th ed., Nolo, 2024. (eBook available with library card)
Includes sample forms for Security Deposit Itemization and a sample letter for Returning Entire Security Deposit.

Every tenant's legal guide by Janet Portman, Nolo, 2021. (2024 eBook available with library card)
Chapter 4: Security deposits; Chapter 16: Moving out and getting your security deposit back. Includes a sample Demand for Return of Security Deposit form.

Massachusetts landlord survival guide, 11^th ed., Greater Boston Real Estate Board, 2023.
Includes sample forms for landlords to use.

Massachusetts landlord-tenant law by George Warshaw, 2^nd ed., Lexis, 2001 with annual supplement. (eBook available with library card)
Chapter 17: Security deposits and rent paid in advance.

Security deposit do's & don'ts, MCLE New England, 2026.

Property management manual for Massachusetts rental owners by H. John Fisher, 6^th ed., HAP Housing, 2015.
Chapter 7: Security deposits and last month’s rent.

Residential and commercial landlord-tenant practice in Massachusetts, 5^th ed. MCLE, 2024.

Massachusetts Practice:

• vol. 14C (Summary of basic law), 5^th ed., Thomson Reuters, 2014 with annual supplement, Sections 12:68 – 12:79 Security Deposits
• vol. 33A (Landlord and tenant: With forms), 3^rd ed., West Group, 2000 with annual supplement, Chapter 1
• vol. 36A (Consumer law), 4^th ed., Thomson Reuters, 2021 with annual supplement, Sections 29:10 – 29:20 Security Deposits