Security Deposits



In Massachusetts, many landlords will take a security deposit when a tenant moves into a property. This seems to be a standard practice; however, it comes with many caveats. Both landlords and tenants need to know the specific laws and regulations surrounding security deposits in Massachusetts. When a landlord collects a security deposit at the outset of a tenancy, he must follow the statute that governs security deposits, as well as the Attorney General's regulations. The rules and regulations are strict and unforgiving. There are statutory penalties for failing to follow the law, and they can be severe. 

There are fewer statutory requirements for tenants; however, it is helpful to know your rights under the law. As a tenant, you should remember to always get a receipt and other information about the security deposit, specifically the amount, the account where it is to be held, and the date it was paid. If your landlord withholds your security deposit for damage you did not cause or for some other unlawful reason, you have specific rights granted by statute and by regulation.

For Landlords:

The security deposit statute is rife with pitfalls for the unwary landlord. If you plan on having a smooth and problem-free experience renting out your unit, you need to be aware of the highly specific requirements placed upon landlords by statute and other regulations. You should consult with an experienced attorney to ensure you do not fall into the many traps that await an inexperienced landlord. When a tenant damages your property or demands the return of their security deposit for any other reason, you should be well-versed and aware of the security deposit laws in Massachusetts before you respond. 

For Tenants:

As a tenant, the payment of a security deposit seems standard, and many tenants complain that unethical landlords keep security deposits without justification. With many protections in place for tenants, you should never stand for a landlord withholding your money without good and lawful 

reason. 

Whether you are a landlord or a tenant, if you need legal services, call my office today to speak to a professional. The first 15 minutes are free for first-time callers in order to decide if my office is the right fit for you. During the 15-minute consultation, no legal advice will be given, nor is an attorney client relationship formed until a contract is signed. Once we decide to work together, I will walk you through the legal process, treat you with respect and professionalism, and help you get the results you deserve. 

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