How can I recover a residential security deposit in Massachusetts if my landlord is withholding it?
Massachusetts law treats a tenant's security deposit as the tenant's property and sets rules for how a landlord must hold, account for, and return it. A landlord may only make certain deductions for unpaid rent, certain taxes, or reasonable repairs, and must follow specific notice and accounting rules when withholding part or all of a deposit. If the landlord fails to comply with those rules, the tenant may be entitled to recover the deposit and statutory damages under the statute and court decisions.
Common outcomes include the landlord returning all or part of the deposit after notice, or a tenant pursuing the matter in court. Courts have interpreted the statute to allow trebled damages, interest, court costs, and attorney fees in some violations, and require landlords to provide an itemized, sworn list when claiming repair deductions. The exact result depends on whether the landlord followed the statute's holding, accounting, and notice requirements.
Current Massachusetts law
Every answer cites the statute
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The deadline that matters
A lessor must return the security deposit or provide an itemized statement of lawful deductions within 30 days after termination of occupancy.
What Massachusetts law says
The security deposit rules are in M.G.L. c. 186, § 15B. That section states deposits remain the tenant's property, must be held in separate accounts and may be returned only within the rules it sets. It requires return of the deposit or an itemized statement of lawful deductions within thirty days after termination of occupancy, and limits permissible deductions to specified categories. Courts have interpreted these provisions to permit trebled damages, interest, court costs and attorney fees for certain statutory violations, and have required landlords to provide a sworn, itemized list when deducting for repairs, see Taylor v. Beaudry, 75 Mass. App. Ct. 411 and BRANDA PEEBLES & Another v. JRK PROPERTY HOLDINGS, INC., & others. (Mass. 2025). Separate statutes describe required types of accounts to protect deposits from creditors, see M.G.L. c. 171, § 38 and M.G.L. c. 167D, § 9.
What to do
A common first step is to send a written demand to the landlord asking for the deposit or an itemized accounting; the in-app tool can produce a demand letter.
A common option is to gather lease, move-in/move-out records, photos, repair bills, and any communication about deductions to support your position.
Many people prepare for small claims court filing if the landlord does not respond; the in-app tool can help with small-claims filing preparation.
Some tenants request a local code inspection or board of health certification if habitability or repairs are at issue, which can affect disputes over deductions.
A common step when a landlord claims deductions is to ask for a sworn, itemized list of damages and repair costs as required by statute and case law.
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Common questions
What deductions can a landlord make from a security deposit?
The statute permits deductions for limited categories such as unpaid rent, certain unpaid real estate taxes, and reasonable repair costs for damage beyond normal wear and tear, as described in M.G.L. c. 186, § 15B.
What must a landlord provide when they keep part of the deposit for repairs?
Can a tenant get extra money if the landlord violates the deposit rules?
Case law and the statute allow courts to award damages in some violations, including trebled damages, interest, court costs and attorney fees in specified situations, as discussed in Taylor v. Beaudry and Castenholz v. Caira.
Where should a landlord keep security deposits?
The statutes require deposits be held in separate accounts designed to place the deposit beyond the lessor's creditors and to allow transfer to a subsequent owner, see M.G.L. c. 171, § 38 and M.G.L. c. 167D, § 9.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
