Massachusetts Security Deposit Law & 3x Treble Damages
Strict statutory cap: One month's rent maximum under M.G.L. c. 186 § 15B(1)(b)
A Massachusetts landlord may never collect more than one month's rent as a security deposit. At the start of tenancy, a landlord is strictly limited to four upfront payments: first month's rent, last month's rent, a security deposit equal to no more than one month's rent, and the actual cost of a lock and key change.
Collecting additional deposits—such as non-refundable cleaning fees or holding fees—is an unfair and deceptive trade practice under Chapter 93A.
Mandatory Massachusetts escrow accounts and 30-day disclosure receipts
Deposited funds remain the property of the tenant. Landlords are legally required to deposit security funds into a separate, interest-bearing account in a Massachusetts bank beyond reach of the landlord's personal creditors.
Within 30 days of receiving the deposit, the landlord must provide the tenant with a written receipt disclosing the bank name, branch address, account number, and amount deposited. Failure to provide this receipt within 30 days immediately entitles the tenant to an unconditional, immediate return of the entire deposit.
Annual statutory interest: 5% or actual bank yield within 30 days of lease anniversary
If a deposit is held for one year or longer, the landlord must pay the tenant 5% interest per year, or the actual interest received from the bank if lower, provided a proper 30-day bank receipt was issued.
Interest must be paid to the tenant annually within 30 days of the end of each tenancy year, either by direct payment or as a credited deduction against the subsequent month's rent.
The 30-day return window and sworn damage statement under penalties of perjury
Under M.G.L. c. 186 § 15B(4), the landlord must return the full deposit with accrued interest within 30 days after the tenant vacates.
If deductions are claimed, the landlord must provide a detailed itemized list of damages, sworn to under the pains and penalties of perjury, accompanied by written evidence such as estimates, paid invoices, or contractor bills showing actual repair costs. Failure to swear to the statement under penalty of perjury voids the deductions.
Strict liability treble damages (3x deposit) and Housing Court procedure
Under M.G.L. c. 186 § 15B(7), if a landlord fails to return the deposit within 30 days, fails to put it in a separate escrow account, or fails to transfer it to a successor owner, the court MUST award the tenant three times the amount of the deposit (treble damages), plus 5% interest, court costs, and reasonable attorney fees.
Massachusetts Housing Court has specialized jurisdiction and no dollar ceiling for tenant deposit recovery lawsuits. Alternatively, claims up to $7,000 can be filed in Small Claims Court.
Frequently asked questions
Can a Massachusetts landlord charge first, last, security deposit, and pet deposit? +
No. Under M.G.L. c. 186 § 15B, a landlord cannot collect any pet deposit or extra fee that causes total deposits to exceed one month's rent. Only first month, last month, security deposit (up to 1 mo rent), and key fee are legal.
What if my landlord failed to give me a bank deposit receipt within 30 days of move-in? +
Failure to provide the required bank disclosure receipt within 30 days of receiving the deposit forfeits the landlord's right to hold the deposit, and the tenant may demand its immediate return in full.
How are treble damages calculated in Massachusetts Housing Court? +
Treble damages equal three times the entire deposit amount wrongfully held (e.g., a $2,500 deposit yields a mandatory $7,500 judgment), plus 5% interest and legal fees.
Does the landlord have to sign deduction estimates under penalty of perjury in Massachusetts? +
Yes. Massachusetts law mandates that any itemized deduction list must be signed under the pains and penalties of perjury and include actual invoices or verifiable estimates.
Worked calculation scenarios
Explore real-world apartment floor plans and tenant financial cases calculated with our mathematical engine.
Under California Civil Code § 1950.5, landlords must return your deposit within 21 days. Generate a formal demand letter and claim up to 2x damages.
New York: 14-Day Deposit LawUnder the NY HSTPA (GOB § 7-108), landlords must return security deposits within 14 days or forfeit all deductions. Generate an official demand letter.
Texas: 30-Day & 3x Deposit LawUnder Texas Property Code § 92.109, landlords must return deposits within 30 days. Bad-faith landlords face 3x treble damages plus $100. Send notice.
Florida: 15-Day Deposit LawUnder Florida Statute § 83.49, landlords have 15 to 30 days to return deposits or make claims. Learn your dispute deadlines and send a statutory notice.
Washington: 30-Day Deposit Return & RCW 59.18 RightsUnder RCW 59.18.280 (HB 1074), Washington landlords have 30 days to return deposits. If no signed move-in checklist exists, withholding is barred.
Massachusetts: 30-Day Rule & 3x Treble DamagesUnder M.G.L. c. 186 § 15B, Massachusetts landlords must return deposits within 30 days with interest. Violations carry mandatory 3x treble damages.
Illinois: 45-Day Deposit Law & Chicago CRLTOUnder 765 ILCS 710/1 and Chicago CRLTO § 5-12-080, landlords face strict return deadlines and 2x statutory damages for wrongful deductions.
Run the live calculations
Plug your own apartment dimensions, rent figures, and amenity values into our free interactive tool.