Massachusetts Security Deposit Deductions
In Massachusetts, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Massachusetts record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | From a security deposit the lessor may deduct unpaid rent or water charges not validly withheld, and a reasonable amount necessary to repair any damage caused to the dwelling unit by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. Cleaning is not an independent authorized category. (Mass. Gen. Laws c. 186, § 15B(4)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mass. Gen. Laws ch. 186, § 15B). (Mass. Gen. Laws ch. 186, § 15B) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mass. Gen. Laws ch. 186, § 15B). (Mass. Gen. Laws ch. 186, § 15B) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mass. Gen. Laws ch. 186, § 15B). (Mass. Gen. Laws ch. 186, § 15B) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mass. Gen. Laws ch. 186, § 15B). (Mass. Gen. Laws ch. 186, § 15B) |
| Unpaid rent and fees | Yes | The lessor may deduct any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law. Last month’s rent, if collected in advance, is a separate permitted payment, not a security-deposit deduction category. (Mass. Gen. Laws c. 186, § 15B(4)(i)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | Yes |
| Rule | Within 30 days after termination of occupancy the lessor shall provide an itemized list of damages, sworn to under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost. Failure to furnish the itemized list within 30 days forfeits the right to retain any portion of the deposit. |
| Citation | Mass. Gen. Laws c. 186, § 15B(4)(iii), (6)(b) |
Burden of proof
The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if the lessor fails to furnish the itemized list of damages within 30 days, fails to deposit the funds as required, or commits other listed violations. Mass. Gen. Laws c. 186, § 15B(6).
Statute says
the lessor shall provide to the tenant within such thirty days an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage
What this means
Source accessed: .
If it was deducted anyway
Use the Massachusetts demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Massachusetts template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Massachusetts law (Mass. Gen. Laws ch. 186, § 15B), a landlord must return the deposit or send a written, itemized list of deductions within 30 days after termination of tenancy/occupancy (end of the tenant's occupancy).
FAQ
What security deposit deductions are allowed in Massachusetts?
Only the uses in the supplied Massachusetts record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Massachusetts landlord have to itemize deductions?
Yes. Within 30 days after termination of occupancy the lessor shall provide an itemized list of damages, sworn to under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost. Failure to furnish the itemized list within 30 days forfeits the right to retain any portion of the deposit.
Who has the burden of proof for a Massachusetts deduction?
The lessor shall forfeit his right to retain any portion of the security deposit for any reason, or, in any action by a tenant to recover a security deposit, to counterclaim for any damage to the premises if the lessor fails to furnish the itemized list of damages within 30 days, fails to deposit the funds as required, or commits other listed violations. Mass. Gen. Laws c. 186, § 15B(6).