Limit: In Massachusetts, landlords may collect a tenant security deposit equal to no more than one month’s rent. Collecting more than one month’s rent as a tenant deposit is prohibited under state law. The total amount must be clearly stated in the lease agreement, and landlords are required to hold the funds in a proper security deposit bank account in Massachusetts to comply with state regulations.
Return Deadline: The landlord must return the tenant security deposit, along with any accrued interest, within 30 days after the tenancy ends and the tenant vacates the property. If deductions are made, the landlord must include an itemized statement of damages and receipts or estimates for repairs. Failure to return the tenant deposit or provide proper documentation within 30 days can result in the landlord being liable for up to three times the withheld amount, plus interest and attorney’s fees.
Acceptable Deductions: The tenant security deposit may only be used for unpaid rent, unpaid real estate taxes (if the tenant is responsible), and damage beyond normal wear and tear. The landlord must provide an itemized list of deductions and evidence, such as repair invoices or receipts, when returning the remaining balance of the tenant deposit. Normal wear and tear cannot be deducted under any circumstances.
Where to Deposit: Massachusetts law mandates that landlords place all tenant security deposits in a separate, interest-bearing escrow account at a bank located within the state. The account must be under the tenant’s name, and the landlord must provide written notice to the tenant within 30 days of receiving the deposit. The notice must include the name and address of the bank, account number, and current security deposit interest rate. The interest earned must be paid to the tenant annually or applied toward rent if the tenancy lasts more than one year. Maintaining a security deposit escrow account in Massachusetts or a landlord tenant security deposit bank account in Massachusetts ensures compliance with the state’s strict security deposit laws and protects tenant funds.