Massachusetts law about tenants' security deposits

Laws, regulations, case law, and web and print sources on residential tenants' security deposit law.

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Best bets

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, Executive Office of Housing and Livable Communities.

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.

Massachusetts laws and regulations

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

Federal laws and regulations

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)

Selected cases

Selected court cases on the topic of tenants' security deposits.

Forms

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.

Web sources

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.

Print sources

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 by Philip S. Lapatin, 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., HAPHousing, 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 14: Security Deposits.
• vol. 36A (Consumer law), 4^th ed., Thomson Reuters, 2021 with annual supplement, Sections 29:10–29:20: Security Deposits.

Last updated:	June 1, 2026