What Massachusetts requires
- Within thirty days after the tenancy ends, the landlord returns the deposit; a deduction for damage needs an itemized list, sworn under the pains and penalties of perjury, describing the damage and the repairs in precise detail, with written evidence of the cost such as estimates, bills, invoices or receiptsMassachusetts General Laws c. 186, s. 15B (4) · Mass.gov, Security deposits and last month's rent
- The landlord keeps a record of each deposit, including copies of the statements of condition given to tenants, for two years after the tenancy ends, and shows it to the tenant on requestMassachusetts General Laws c. 186, s. 15B (2) (d)
- Nothing is deducted for damage listed in the statement of condition, or in the tenant's separate list signed by the landlord, unless it was later repaired and the new damage is shown to be unrelated and caused by the tenantMassachusetts General Laws c. 186, s. 15B (4)
- Deductions cover a reasonable amount to repair damage caused by the tenant or people under their control, with reasonable wear and tear excludedMassachusetts General Laws c. 186, s. 15B (4) (iii)
- A landlord who does not provide the itemized list within thirty days loses the right to keep any of the deposit, and failing to return the balance due within thirty days can bring damages of three times the deposit, plus interest, court costs and attorney's feesMassachusetts General Laws c. 186, s. 15B (6) and (7) · Mass.gov, Security deposits and last month's rent
- A landlord who takes a security deposit gives the tenant a separate written statement of the present condition of the premises when the deposit is received, or within ten days after the tenancy begins, whichever is laterMassachusetts General Laws c. 186, s. 15B (2) (c)
The sworn 30-day list
Within thirty days after the tenancy ends, return the deposit. A deduction for damage needs an itemized list, sworn under the pains and penalties of perjury, describing the damage and the repairs in precise detail, with written evidence of the cost such as estimates, bills, invoices or receipts. ReportDraft adds the sworn line above the signature on Massachusetts statements.
Damage already on record
The landlord gives the tenant a written statement of the unit's condition when the deposit is received, or within ten days after the tenancy begins. Nothing is deducted for damage listed in that statement, or in the tenant's own list signed by the landlord, unless it was later repaired and the new damage is shown to be unrelated and caused by the tenant.
Wear and tear and the penalty
Deductions cover a reasonable amount to repair damage caused by the tenant or people under their control, with reasonable wear and tear excluded. A landlord who misses the 30-day list loses the right to keep any of the deposit, and not returning the balance within 30 days can bring damages of three times the deposit, plus interest, court costs and attorney's fees.
Records
Keep a record of each deposit, including copies of the condition statements, for two years after the tenancy ends, and show it to the tenant on request.
Common mistakes
- Sending an unsworn list of damage.
- Describing damage loosely instead of in precise detail.
- Leaving out the estimates, bills, invoices or receipts.
- Deducting for damage listed on the move-in statement of condition.
Sources
- Massachusetts General Laws c. 186, s. 15B (4), checked October 8, 2026
- Mass.gov, Security deposits and last month's rent, checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (2) (d), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (4) (iii), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (6) and (7), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (2) (c), checked October 8, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.