How long does a landlord in Massachusetts have to return a security deposit?
30 calendar days
The clock starts at the LATER of two events, never at move-out alone: G.L. c. 186, § 15B(4) gives the lessor thirty days “after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement”. Under a written lease it is the lease's own end date that starts the clock, so a tenant who leaves early has not started it by leaving; under a tenancy-at-will it is the termination of occupancy.
In plain terms, the statute says
A lessor who fails to return the deposit within thirty days, who fails to furnish within those thirty days the itemized list of damages sworn to under the pains and penalties of perjury with written evidence of cost, who fails to hold the deposit in a separate account, or who fails to transfer it to a successor, forfeits the right to retain any part of the deposit and is liable to the tenant for three times the amount of the deposit or balance owed, together with interest at five per cent from the date the payment became due, court costs, and reasonable attorney's fees. No finding of bad faith or willfulness is required.
Who this covers
Section 15B governs leases of residential real property, but it does not apply to any lease, rental, occupancy or tenancy of one hundred days or less in duration that is for a vacation or recreational purpose.
Read the law yourself
Where are you in this?
Have you moved out?
Questions people ask
How long does a landlord in Massachusetts have to return a security deposit?
Massachusetts: 30 calendar days. The clock starts at the LATER of two events, never at move-out alone: G.L. c. 186, § 15B(4) gives the lessor thirty days “after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement”. Under a written lease it is the lease's own end date that starts the clock, so a tenant who leaves early has not started it by leaving; under a tenancy-at-will it is the termination of occupancy.
Who does Massachusetts's security-deposit law cover?
Section 15B governs leases of residential real property, but it does not apply to any lease, rental, occupancy or tenancy of one hundred days or less in duration that is for a vacation or recreational purpose.
What happens if a landlord in Massachusetts is late?
A lessor who fails to return the deposit within thirty days, who fails to furnish within those thirty days the itemized list of damages sworn to under the pains and penalties of perjury with written evidence of cost, who fails to hold the deposit in a separate account, or who fails to transfer it to a successor, forfeits the right to retain any part of the deposit and is liable to the tenant for three times the amount of the deposit or balance owed, together with interest at five per cent from the date the payment became due, court costs, and reasonable attorney's fees. No finding of bad faith or willfulness is required.
Where can I read Massachusetts's security-deposit law?
Massachusetts's rule is in Mass. Gen. Laws ch. 186, § 15B. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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