How do I dispute a security deposit return in Massachusetts?

Massachusetts General Laws Chapter 186, Section 15B is famously unforgiving — minor technical violations can trigger treble damages.

1. Escrow Required

The deposit must be held in a separate interest-bearing account in a Massachusetts bank, with the bank's name, address, and account number disclosed in writing within 30 days of receipt. Commingling alone is a violation that triggers immediate forfeiture.

2. Receipt and Statement of Condition

The landlord must provide a written receipt for the deposit within 30 days, plus a statement of condition of the premises within 10 days of occupancy. The tenant has 15 days to amend it. Failure to provide either is grounds for forfeiture.

3. Annual Interest

The landlord must pay 5% annual interest (or the actual rate earned) to the tenant each year, either as a rent credit or cash payment (§ 15B(3)(b)).

4. 30-Day Return Rule

Within 30 days of termination, the landlord must return the deposit plus accrued interest, less an itemized list of damages with supporting receipts and a sworn statement (§ 15B(4)).

5. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, real-estate-tax increases the tenant agreed to pay, damages beyond reasonable wear and tear (with sworn itemization). Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.

6. Treble Damages

Failure to comply makes the landlord liable for three times the deposit amount plus interest, costs, and reasonable attorney's fees (§ 15B(7)). This is one of the strongest remedies in the country.

7. Housing/Small Claims Court & Limitations

File in Massachusetts Housing Court (preferred) or district court small claims (up to $7,000). The statute of limitations is 6 years for written contracts (MGL Ch. 260 § 2).

This is legal information, not legal advice.