Under Massachusetts law, your landlord must return your security deposit, or the balance after allowed deductions, within 30 days after the tenancy ends. Deductions are limited to unpaid rent or water charges, certain tax increases and damage you caused, and ordinary wear and tear does not count.
Key points
- The 30-day deadline comes from M.G.L. c.186 s.15B and runs from the end of the tenancy.
- A landlord who deducts for damage must send an itemized list, sworn under penalty of perjury, with written proof of the cost.
- No deduction is allowed for damage already listed on your move-in statement of condition.
- Massachusetts Legal Help says routine cleaning, painting and small repairs can't come out of the deposit, but it still advises you to clean before you leave.
- A landlord who misses the deadline can lose the right to keep any of the deposit, and may owe three times the amount in court.
What the law lets a landlord keep
The rules sit in one statute, Massachusetts General Laws chapter 186, section 15B. It covers apartments and other residential rentals, and it says your deposit stays your property while the landlord holds it. When you leave, the landlord has to return the deposit or whatever is left after the deductions the statute allows. Nothing else can be deducted.
| Fact | Detail | Source |
|---|---|---|
| Return deadline | Within 30 days after a tenancy-at-will ends, or after the end of the tenancy under a written lease, the landlord must return the deposit or any balance.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
| Allowed deductions | Unpaid rent or water charges not validly withheld, an unpaid real estate tax increase under a qualifying tax escalation clause, and a reasonable amount to repair damage you or someone under your control caused, wear and tear excluded.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
| Proof for a damage deduction | An itemized list of the damage and repairs, sworn to under pains and penalties of perjury, delivered within the same 30 days, with written evidence of the cost such as estimates, bills, invoices or receipts.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
| Damage on the move-in statement | No deduction for damage listed on the statement of condition, or on a separate list the tenant submitted and the landlord signed, unless the landlord repaired it and the new damage is unrelated.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
| Landlord inspection | A landlord may enter to inspect for deposit damage during the last thirty days of the tenancy, or after either side gives notice that the tenancy is ending.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
| Missed deadline | A landlord who does not send the required itemized list within 30 days forfeits the right to keep any part of the deposit. One who fails to return what is owed can be ordered to pay three times that amount, plus 5 percent interest, court costs and reasonable attorney's fees.Source: Massachusetts Legislature, retrieved 2026-11-02 | Massachusetts Legislature retrieved 2026-11-02 |
Cleaning, wear and tear, and what counts as damage
The statute allows a deduction for damage, and it carves out reasonable wear and tear. It does not mention cleaning. Massachusetts Legal Help, the tenant resource run by the Massachusetts Law Reform Institute, reads that to mean landlords can't use the deposit for routine painting, cleaning or small repairs. It also says a landlord can use the deposit only for damage you or your guests caused and for unpaid rent.
The same handout still tells you to clean the apartment and take everything out before you leave. The two points fit together: ordinary upkeep isn't a deductible item, and a clean, empty unit gives the landlord less to argue about. If the landlord lists something you think is reasonable wear and tear, or was there when you moved in, tell them in writing.
Your lease may say something different. The statute says a lease provision that conflicts with section 15B is void, so a lease can't widen the list of deductions. If yours names a cleaning charge, compare it with the allowed deductions above and ask Massachusetts Legal Help or a tenant lawyer before you accept it.
Before you hand back the keys
- Find your move-in statement of condition and any damage list you sent. Damage on those lists can't be deducted.
- Clean the apartment and move all your belongings out, including anything you meant to leave behind.
- Walk through with the landlord, as Massachusetts Legal Help suggests, and write down what they say needs repair. If an item was there when you moved in, or is ordinary wear and tear, say so then.
- Photograph every room, closet and appliance after it is empty and clean. Date-stamped photos are the easiest proof of condition.
- Give the landlord a forwarding address in writing, so the deposit and any itemized list reach you. Keep a copy.
- Ask in writing if you can settle any repair charges before you leave.
This is general information about the statute, not legal advice. For a dispute about your own deposit, contact Massachusetts Legal Help or a tenant attorney.
If the 30 days pass
If the deposit hasn't arrived, Massachusetts Legal Help says to send the landlord a letter asking for 100 percent of it back, and it publishes a free demand letter form for that. If the landlord still refuses, you can sue in small claims court, where the statute's three-times damages can apply. Keep your photos, the statement of condition, any texts or emails about repairs and proof of your forwarding address together.
Vacation rentals are different
On Cape Cod, a lot of rentals are seasonal. Section 15B says it does not apply to any lease, rental, occupancy or tenancy of 100 days or less that is for a vacation or recreational purpose. A rental that fits that description follows its own terms instead. A year-round lease is a different situation, so read yours before you assume either way.
Planning the move itself
The deposit clock starts when your tenancy ends, so set your move date with the lease end date in mind and leave time to clean and photograph. Our guide to what to update after you move covers the address changes that come next. For how local moves on Cape Cod work, or the full overview on our moving page, start there. To ask about a date, request a quote or call (508) 400-5788 any time, 24 hours a day. Many Hyannis addresses are apartments with stairs or elevators; our page on Hyannis apartment moves lists what to ask your building.
Common questions
How long does a landlord have to return a security deposit in Massachusetts?
Thirty days after the tenancy ends. M.G.L. c.186 s.15B requires the landlord to return the deposit or the balance within that time, along with a sworn itemized list if any damage is being deducted.
Can a landlord charge for cleaning out of my deposit?
The statute allows deductions for unpaid rent, certain tax increases and damage you caused, and it excludes wear and tear. Massachusetts Legal Help says landlords can't use the deposit for routine painting, cleaning or small repairs, though it still advises tenants to leave the unit clean.
What happens if my landlord is late?
A landlord who does not send the required itemized list within 30 days loses the right to keep any part of the deposit. A landlord who fails to return what is owed can be ordered to pay three times that amount plus interest, court costs and attorney's fees.
Does the deposit law apply to a summer rental on Cape Cod?
Not if it is a rental of 100 days or less for a vacation or recreational purpose. Section 15B excludes those. A year-round lease is covered.
Planning a move or a cleanout?
Sources
- Massachusetts Legislature, M.G.L. Part II, Title I, Chapter 186, Section 15B, retrieved 2026-11-02, https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
- Massachusetts Law Reform Institute (MassLegalHelp.org), Handout 3: Security Deposits, Tenants' Rights in Massachusetts (updated August 2025), retrieved 2026-11-02, https://www.masslegalhelp.org/sites/default/files/2025-02/Handout%203%20Security%20Deposits%202025.pdf
General information, not legal advice. Rules and fees change, so confirm details with the agency linked above.