The law that deals with security deposits and last month’s rent paid in advance (which doesn’t apply to tenancies of 100 days or less or vacation rentals) can be found in Section 15B of Chapter 186 of the General Laws of Massachusetts. There is also a Massachusetts regulation that addresses security deposits and other landlord-tenant issues (940 CMR 3.17). Federally subsidized housing is also subject to federal laws and regulations.
Payment requests from the landlord
A landlord may request from the tenant:
- A security deposit of no more than 1 month’s rent (the amount may be less in certain types of subsidized housing.)
- Last month’s rent paid in advance
- The cost of a new lock and key
The landlord must give a written receipt to the tenant at the time of accepting the security deposit. The receipt should include:
- The amount of the security deposit
- The name of the person receiving it
- The date it was received
- The names of the landlord and tenant
- The address or other description of the leased property
Statement of property condition
Within 10 days of collecting a security deposit, the landlord must provide a signed statement to the tenant that describes the condition of the property, including any known damage and violations of the state sanitary and building codes. The following language must appear at the top of the statement of condition, which tells the tenant what to do after receiving it from the landlord:
“This is a statement of the condition of the premises you have leased or rented. 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 disagrees with the statement of condition and submits a list of additional damages, the landlord has an additional 15 days to either agree to the tenant’s list by signing it and returning it to the tenant or to provide the tenant with a signed statement of disagreement.