Landlord & tenant · Massachusetts
the short answer
Your landlord has 30 days after the tenancy ends. Three failures are worth three times the deposit plus interest, costs and attorney's fees: not holding your money in a separate account, not passing it to a new owner, and not returning it in time. A missing itemized list costs the landlord the right to keep anything.
source ↗Not yet checked against the statute.
governing statute
Mass. Gen. Laws ch. 186, § 15B
source ↗Not yet checked against the statute.
deadline
30 days
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Across the country. 23 of the 47 states written up answer this the same way as Massachusetts. The shortest is 14 days, as in Alaska; the longest is 60 days, as in Alabama. Compare every state →
penalty
Three times the deposit, plus 5% interest, court costs and reasonable attorney's fees, where the landlord failed to hold the deposit in a proper escrow account, failed to transfer it to a successor, or failed to return it within 30 days of the tenancy ending (§ 15B(7), reaching clauses (a), (d) and (e) of § 15B(6)). Failing to furnish the itemized list of damages within 30 days, or using an unlawful lease term, forfeits the right to retain anything and the right to counterclaim for damage to the unit — but does not carry the trebling.
source ↗Not yet checked against the statute.
small claims limit
$7,000
source ↗Not yet checked against the statute.
exceptions: The limit does not apply at all to a claim for property damage caused by a motor vehicle.
source ↗Not yet checked against the statute.
also
Massachusetts is one of the few states where the landlord's paperwork failures at the start of the tenancy — no receipt, no separate escrow account, no statement of condition — can be worth more than the deposit dispute itself.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Massachusetts. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
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