Security Deposit Not Returned in Boston: What Can I Do?

What the law says

1. 1

   Your landlord cannot ask for more than one month's rent as a security deposit.

   Source:

   1. § 15B(1)(b)(iii), Massachusetts General Laws. Law.
2. 2

   Your landlord must keep your deposit in a separate bank account in Massachusetts that earns interest. It stays your money, not theirs.

   Source:

   1. § 15B(3)(a), Massachusetts General Laws. Law.
3. 3

   Your landlord must give you a receipt within 30 days naming the bank and the account number. If they do not, you can get your deposit back right away.

   Source:

   1. § 15B(3)(a), Massachusetts General Laws. Law.
4. 4

   If your landlord holds your deposit for a year or more, they owe you 5 percent interest each year. On a $1,500 deposit that is $75 a year.

   Source:

   1. § 15B(3)(b), Massachusetts General Laws. Law.
5. 5

   Your landlord cannot take money out for damage that was already there when you moved in. This is true as long as the damage was listed on the statement of condition you got when you moved in. When you move in, make sure you get this statement describing the conditions of your unit in writing from your landlord.

   Source:

   1. § 15B(4)(iii), Massachusetts General Laws. Law.
6. 6

   Your landlord can only take money out for rent you owe, water charges you owe, or certain property taxes you owe.

   Source:

   1. § 15B(4)(i), Massachusetts General Laws. Law.
7. 7

   Your landlord can also take money out for damage you caused. They cannot charge you for normal wear and tear (normal use over time).

   Source:

   1. § 15B(4)(iii), Massachusetts General Laws. Law.
8. 8

   Your landlord must return your security deposit within 30 days after your rental ends.

   Source:

   1. § 15B(4), Massachusetts General Laws. Law.
9. 9

   If your landlord charges you for damage, they must send you a sworn list of what was taken out and why, within those 30 days. They must also send bills, estimates, or receipts showing the cost.

   Source:

   1. § 15B(4)(iii), Massachusetts General Laws. Law.
10. 10

    Your landlord can not add extra rules in your lease that are against the law. If your lease says something that conflicts with the law, a court will not enforce it.

    Source:

    1. § 15B(8), Massachusetts General Laws. Law.

If your landlord does not pay

11. 11

    Your landlord loses the right to keep any part of your deposit if they miss the 30 day deadline. They also lose it if they never put the money in a proper account.

    Source:

    1. § 15B(6), Massachusetts General Laws. Law.
12. 12

    When your landlord breaks those rules, you are owed 3 times the deposit. On a $1,500 deposit that is $4,500. You also get 5 percent interest, court costs, and your lawyer fees.

    Source:

    1. § 15B(7), Massachusetts General Laws. Law.