How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Massachusetts, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's rent (the first full month) — § 15B(1)(b). A landlord may also collect first and last month's rent and the lock/key installation cost, but the security deposit itself cannot exceed one month's rent.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Massachusetts |
|---|---|
| Unpaid rent or water charges (not validly withheld under other law) | Permitted, if substantiated |
| Unpaid real-estate tax increases the tenant agreed to pay (tax escalation clause) | Permitted, if substantiated |
| Reasonable cost to repair tenant-caused damage beyond ordinary wear and tear | Permitted, if substantiated |
| Claimed deduction | Permitted in Massachusetts |
|---|---|
| Ordinary wear and tear (expressly excluded) | Not permitted |
| Any deduction without a sworn itemized list within 30 days | Not permitted |
| Any deduction for damages when no statement of condition was provided at move-in | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
In a dispute over deductions, the landlord must provide a sworn itemized list and show the damage exceeds reasonable wear and tear. If the landlord failed to provide the statement of condition at move-in, they forfeit the right to withhold for damages entirely.
In Massachusetts the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Mass. Gen. Laws c.186 § 15B(2), (4) ↗
A landlord who withholds in bad faith may be liable for 3x the full deposit.
Massachusetts awards three times the amount of the security deposit (the full deposit, not just the wrongfully withheld portion), plus 5% interest from the date payment became due, plus court costs and reasonable attorney fees. This is triggered by the landlord's failure to comply with the deposit-handling, statement-of-condition, or return requirements — one of the harshest deposit penalties in the country. The basis is the FULL deposit.
Mass. Gen. Laws c.186 § 15B(7) ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees and court costs accompany the treble-damages recovery under § 15B(7), triggered by the same noncompliance.
Mass. Gen. Laws c.186 § 15B(7) ↗No statutory penalty beyond returning the deposit.
Separately, failing to hold the deposit in a compliant interest-bearing account (§ 15B(3)(a)) entitles the tenant to the IMMEDIATE return of the deposit — a forfeiture distinct from the 3x remedy. And failing to provide the statement of condition (§ 15B(2)) forfeits the landlord's right to withhold for damages.
Mass. Gen. Laws c.186 § 15B(3)(a), (2) ↗Massachusetts § 15B(7) awards three times the amount of the security deposit (the FULL deposit, not just the withheld portion), plus 5% interest, court costs, and attorney fees, for failing to comply with the deposit-handling or return requirements. Few states go this far. The separate § 15B(3)(a) forfeiture (immediate return for a non-compliant account) is an additional lever.
Mass. Gen. Laws c.186 § 15B(7) ↗Massachusetts is one of the few states that both requires a separate interest-bearing account AND mandates 5% annual interest (or the bank's lower actual rate) paid to the tenant each year. If you held the unit a year or more and never received interest, that is a § 15B violation.
Mass. Gen. Laws c.186 § 15B(3)(b) ↗If the landlord never gave you a written statement of the unit's condition at move-in, they forfeit the right to withhold ANY part of the deposit for damages. This is a common landlord oversight that gives tenants strong leverage.
Mass. Gen. Laws c.186 § 15B(2) ↗““Cleaning and damage $500.””
Massachusetts requires a sworn itemized list of deductions within 30 days, and you may deduct only for damage beyond reasonable wear and tear. If you never gave me a statement of condition at move-in, you have forfeited the right to withhold for damages at all.
Mass. Gen. Laws c.186 § 15B(2), (4)
““I did not have to pay interest.””
The deposit must be held in a separate interest-bearing Massachusetts account, and you owe 5% annual interest (or the bank's lower rate). Failing to hold the deposit correctly or pay interest is itself a § 15B violation supporting treble damages.
Mass. Gen. Laws c.186 § 15B(3)(a), (3)(b)
““You moved out, so the deposit is mine to keep.””
The deposit remains the tenant's property. You had 30 days to return it with a sworn itemized list. Failure triggers three times the deposit amount, plus 5% interest, court costs, and attorney fees.
Mass. Gen. Laws c.186 § 15B(4), (7)
Some widely circulated summaries of Massachusetts deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Generic multi-state checklists | 2x the deposit |
| Mass. Gen. Laws c.186 § 15B(7) | 3x the deposit (full amount), plus 5% interest and fees |
What we follow: 3x the full deposit + 5% interest + costs + fees
The statute plainly says "three times the amount of such security deposit." Reporting 2x understates one of the strongest deposit remedies in the country.
| Source | What it says |
|---|---|
| Some summaries | 3x the amount wrongfully withheld |
| Mass. Gen. Laws c.186 § 15B(7) | 3x the amount of the security deposit (or balance) to which the tenant is entitled |
What we follow: Full deposit (or the balance due) — not just the wrongfully withheld portion
The statute ties the treble damages to "the amount of such security deposit or balance thereof to which the tenant is entitled," a full-deposit basis.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Mass. Gen. Laws c.186 § 15B(4) | 2026-10-15 | official text ↗ |
| Mass. Gen. Laws c.186 § 15B(7) | 2026-10-15 | official text ↗ |
| Mass. Gen. Laws c.186 § 15B(3)(a), (2) | 2026-10-15 | official text ↗ |
| Mass. Gen. Laws c.186 § 15B(2), (4) | 2026-10-15 | official text ↗ |
| Mass. Gen. Laws c.186 § 15B(3)(b) | 2026-10-15 | official text ↗ |
| Mass. Gen. Laws c.186 § 15B(2) | 2026-10-15 | official text ↗ |
Primary reference: Mass. Gen. Laws c.186 § 15B. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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The statute does not permit deductions for: ordinary wear and tear (expressly excluded); any deduction without a sworn itemized list within 30 days; any deduction for damages when no statement of condition was provided at move-in.
The landlord. In a dispute over deductions, the landlord must provide a sworn itemized list and show the damage exceeds reasonable wear and tear. If the landlord failed to provide the statement of condition at move-in, they forfeit the right to withhold for damages entirely.
One month's rent (the first full month) — § 15B(1)(b). A landlord may also collect first and last month's rent and the lock/key installation cost, but the security deposit itself cannot exceed one month's rent.
No. Ordinary wear and tear (expressly excluded)