Security Deposit Not Returned in Massachusetts: What Can I Do?
Massachusetts law limits what your landlord can take from your security deposit and sets a strict deadline to return it. If your landlord breaks these rules, a court can order them to pay you 3 times your deposit. For example, 3 times a $1,000 deposit is $3,000. This page explains your rights after you move out and what you can do if your landlord does not return your deposit correctly.
-
Massachusetts law gives your landlord 30 days after your rental ends to return your security deposit or what is left of it. This 30-day clock starts on the day your rental ends. That is the end date in your lease, or the day you move out if you rent month to month.
✓ Sources checked September 24, 2026
-
You have the right to ask to see your landlord's records about your deposit during normal business hours. These records include where the money is being held and any damage claims made against it. If your landlord wrongly refuses to show you these records, you get your full deposit back right away. This includes any interest the deposit has earned so far.
✓ Sources checked September 24, 2026
-
Your landlord must keep these deposit records for 2 years after your rental ends. This means you can still ask to see them, or use them as evidence, for up to 2 years after you move out.
✓ Sources checked September 24, 2026
-
Your landlord can take money out of your deposit for unpaid rent or unpaid water bills. This does not include money you held back as the law allows. They can also take money for certain unpaid increases in property taxes that your lease requires you to pay. Apart from damage to the home, Massachusetts law does not allow your landlord to take money from your deposit for anything else.
✓ Sources checked September 24, 2026
-
Your landlord can take a reasonable amount out of your deposit to fix damage caused by you or by people you let into the home. Your landlord cannot charge you for reasonable wear and tear (the normal aging of a home from everyday use).
✓ Sources checked September 24, 2026
-
Your landlord cannot charge your deposit for damage listed on the statement of condition. This is the written list of the home's condition your landlord had to give you when you moved in. The same is true for damage on a list you gave your landlord that your landlord signed. Keep your copies of both.
✓ Sources checked September 24, 2026
-
If your landlord takes money out of your deposit to pay for damage, they must send you a detailed, signed list describing that damage. They must send this list within the same 30 days after your rental ends. They must also send you bills, estimates, or receipts showing what the repairs actually cost or are expected to cost.
✓ Sources checked September 24, 2026
-
If you deliberately or intentionally damage your landlord's property, your landlord is not limited to just your deposit to cover the cost. This applies when the cost to repair or replace the property is more than your full deposit amount.
✓ Sources checked September 24, 2026
-
Your landlord loses the right to keep any part of your deposit if they do not return it within 30 days after your rental ends. The same is true if they do not send the detailed list of damage within those 30 days, or break certain other deposit rules. This is true even if there was real damage to the home.
✓ Sources checked September 24, 2026
-
If your landlord breaks these rules, you can sue them in court. A judge can order your landlord to pay you 3 times the amount of your deposit. For example, 3 times a $1,500 deposit is $4,500. You get this money only if you win your case and your landlord pays. You can also get 5 percent interest on the deposit. On a $1,500 deposit, 5 percent interest is $75. You can also get your court costs and money to pay your lawyer for the case.
✓ Sources checked September 24, 2026
-
If your lease has a rule that goes against these deposit protections, a court will not enforce that part of the lease. Your landlord also cannot make you give up these rights, even if you sign something that says you agree to give them up.
✓ Sources checked September 24, 2026
-
Some Massachusetts cities and towns add their own rules on top of these state deposit protections. This page covers Massachusetts state law only, which applies everywhere in the state. Check your city's guide for any local rules on security deposits that might also apply where you live.
Is something on this page wrong or out of date? Tell us.