Massachusetts Security Deposit Return Deadline & Penalty Calculator
Thursday, November 12, 2026
Computed as 30 calendar days under M.G.L. c. 186, § 15B.
Massachusetts Small Claims Court cap: $7,000 — exceeds small claims cap (may require waiving excess or filing in civil division).
Massachusetts Security Deposit Rules at a Glance (M.G.L. c. 186, § 15B)
Strict 30 calendar days after the termination of tenancy under M.G.L. c. 186, § 15B. The landlord must return the deposit plus accrued 5% interest, minus lawful deductions substantiated by an itemized list signed under the pains and penalties of perjury, accompanied by repair estimates or invoices.
| Deadline (No Deductions) | 30 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 30 calendar days |
| Maximum Deposit Cap | Strictly capped at 1 month's rent maximum under M.G.L. c. 186, § 15B(1)(b) (the ONLY upfront payments a MA landlord can legally collect are first month's rent, last month's rent, a 1-month deposit, and key/lock replacement cost). |
| Bad-Faith / Late Penalty | Under M.G.L. c. 186, § 15B(7), failure of the landlord to comply with deposit handling or return rules subjects the landlord to MANDATORY treble damages (three times the amount of the security deposit or remaining balance), 5% interest, court costs, and reasonable attorney's fees. |
| Deposit Interest Rule | Mandatory under § 15B(3)(b): deposit must be held in a dedicated, interest-bearing MA escrow account protected from creditors. Landlord must pay 5% interest per year (or the actual bank interest rate) annually to the tenant. |
| Small Claims Court Limit | $7,000 |
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Key Massachusetts Statutory Nuances & Documentation Rules
- Perjury Sworn Itemization Requirement (§ 15B(4)(iii)): Any itemized list of damages MUST be signed by the landlord under the pains and penalties of perjury, accompanied by written repair estimates or actual receipts.
- Strict Liability Treble Damages (§ 15B(7)): Unlike states where bad faith is required, Massachusetts appellate courts hold that failure to return the deposit within 30 days triggers mandatory triple damages regardless of landlord intent.
- Statement of Condition within 10 Days: Within 10 days of move-in, the landlord must provide a detailed written statement of condition; failure to do so forfeits all right to deduct for damages at move-out.
- 30-Day Escrow Receipt Rule: Within 30 days of receiving the deposit, the landlord must provide a receipt stating the bank name, address, account number, and deposit amount.
Boston Apartment Move-Out Past 30 Days
A tenant vacates a Boston apartment on August 31, 2026 with a $2,700 deposit. Under M.G.L. c. 186, § 15B, the 30-day deadline expires on September 30, 2026. If the landlord withholds $1,000 without delivering a perjury-sworn statement with estimates by September 30, the landlord automatically forfeits the right to hold any part of the deposit. In Massachusetts Housing Court or District Court Small Claims (limit $7,000, though statutory treble damages can exceed the limit), the judge must award triple damages on the deposit ($8,100) plus 5% interest and reasonable attorney's fees.
Massachusetts Security Deposit Return FAQs
How long does a Massachusetts landlord have to return a security deposit?
Under Massachusetts General Laws Chapter 186, § 15B(4), the landlord must return the security deposit, or the balance with an itemized list of deductions signed under penalties of perjury, within 30 calendar days after the tenancy ends.
What is the penalty if a Massachusetts landlord misses the 30-day deadline?
Under M.G.L. c. 186, § 15B(7), failure to return the deposit or provide the sworn itemized list within 30 days triggers mandatory treble damages (three times the amount of the deposit), plus 5% interest, court costs, and reasonable attorney's fees.
What is the maximum security deposit allowed in Massachusetts?
Under M.G.L. c. 186, § 15B(1)(b), a landlord cannot demand or collect a security deposit exceeding one month's rent. No separate pet deposit, cleaning fee, or application fee may be collected.
Are Massachusetts landlords required to pay interest on security deposits?
Yes. Under § 15B(3)(b), deposits must be placed in an interest-bearing escrow account in a Massachusetts bank. The landlord must pay the tenant 5% interest per year (or the actual bank interest if less) at the end of each year of tenancy.