Massachusetts Security Deposit Deductions: Rules and Checklist

Massachusetts law tightly limits what a landlord may deduct from a residential security deposit. Before withholding any amount, check the permitted reasons, document the condition and costs, and meet the statutory deadlines. This guide summarizes the current requirements in Massachusetts General Laws, Chapter 186, Section 15B and the state’s security-deposit guidance. It is general information, not legal advice. Reviewed October 20, 2026.

Which security-deposit deductions are allowed?

Section 15B lists the deductions a landlord may make from a residential security deposit. They are limited to:

• Unpaid rent or water charges, when they have not been validly withheld or deducted under applicable law.
• An unpaid increase in real-estate taxes that the tenant is obligated to pay under a tax-escalation clause that complies with Massachusetts law.
• A reasonable amount needed to repair damage caused by the tenant, someone under the tenant’s control, or someone on the premises with the tenant’s consent. Ordinary wear and tear is excluded.

The statute says no other purpose may be deducted from the security deposit. Routine maintenance, ordinary wear, or a lease clause by itself should not be treated as automatic authority to withhold money. If a proposed charge does not clearly fit a permitted category, get advice from a Massachusetts landlord-tenant attorney before withholding it.

Document the condition from the start

When a landlord or agent accepts a security deposit, Massachusetts law requires a separate written statement of the unit’s present condition upon receipt of the deposit or within ten days after the tenancy begins, whichever is later. The statement must list existing damage. A tenant may return the statement with corrections within fifteen days after receiving it or moving in, whichever is later. Follow the statutory process and keep the signed statement and any tenant response with the property records.

For practical recordkeeping, use dated photographs and detailed room-by-room notes at move-in and move-out. These records help compare conditions, but documentation alone does not make a charge deductible. A landlord may not deduct for damage already listed in the original condition statement or in a tenant’s signed list unless the statutory exception applies: the landlord later repaired that damage and can prove renewed damage was unrelated to the prior damage and caused by the tenant or someone covered by the statute.

How to document a damage deduction

For a damage deduction, Massachusetts requires more than a general list or a repair total. Within the statutory 30-day period, provide the tenant with an itemized list sworn to by the landlord or agent under pains and penalties of perjury. The list must describe precisely the damage and repairs needed. Include written cost evidence, such as estimates, bills, invoices, or receipts, showing the actual or estimated amount.

1. Record the move-out condition with dated notes and photographs.
2. Compare each claimed item with the move-in condition statement and the tenant’s response, if any.
3. Separate tenant-caused damage from ordinary wear and tear and routine upkeep.
4. Obtain written estimates, bills, invoices, or receipts for necessary repairs.
5. Prepare the precise, sworn itemized damage list and send it with the required supporting evidence on time.

Keep a copy of everything sent and the records supporting the calculation. Do not rely only on a verbal discussion, a tenant’s agreement, or a generic inspection report.

Meet the return deadline

Within thirty days after the tenancy ends or occupancy terminates, return the security deposit or the remaining balance after any lawful deductions. The damage list and supporting written evidence must also be provided within that same period when you deduct for damage. Use the actual termination date to calendar the deadline and retain proof of when the accounting and payment were sent.

Other security-deposit duties apply during the tenancy, including how the deposit is held and related records and interest. Review the full statute and Massachusetts guidance for those requirements; this page focuses on deductions and the return accounting.

Common mistakes to avoid

• Using a “cleaning,” repainting, or maintenance charge without confirming it fits one of the statutory deduction categories.
• Charging for ordinary wear and tear or damage that was recorded at move-in.
• Sending a vague list such as “repairs” without describing each item and its cost support.
• Missing the 30-day deadline for the deposit balance, sworn damage list, or supporting written evidence.
• Assuming a tenant’s signature or a lease term overrides the statutory limits.

When facts are disputed, a tax-escalation clause is involved, or the deadline may have passed, get advice from a qualified Massachusetts attorney before deciding what to withhold.

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