Massachusetts Security Deposit Demand Letter
In Massachusetts a landlord must return your deposit within 30 days and, for any deductions, provide a sworn itemized list with evidence. Certain violations expose the landlord to treble damages plus 5% interest and attorney's fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Massachusetts tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Under M.G.L. c. 186, Section 15B(4), a lessor must return the security deposit, or any balance of it, within 30 days after the termination of occupancy under a tenancy-at-will or the end of the tenancy stated in a valid written lease. If the lessor takes any deductions, the lessor must, within those 30 days, provide a sworn itemized list of damages, signed under the pains and penalties of perjury, describing in precise detail the nature of the damage and the repairs necessary, together with written evidence such as estimates, bills, invoices, or receipts. A lessor may deduct only for unpaid rent or water charges not lawfully withheld, any unpaid increase in real estate taxes the tenant agreed to pay, and a reasonable amount to repair damage caused by the tenant, reasonable wear and tear excluded (Section 15B(4)). Where the lessor commits certain violations listed in Section 15B(6), including failing to furnish the sworn itemized list within 30 days or failing to return the deposit or balance within 30 days, the tenant is entitled to three times the amount of the deposit or balance owed, plus interest at five per cent from the date payment became due, together with court costs and reasonable attorney's fees (Section 15B(7)). If the demand is ignored, a Massachusetts tenant can sue in small claims court for up to $7,000 (M.G.L. c. 218, Section 21), and the deadline to sue on a contract is six years (M.G.L. c. 260, Section 2). DocDraft builds your Massachusetts security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
- 1
A security deposit demand letter is a written demand a Massachusetts tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
A lessor must return the security deposit, or any balance, within 30 days after the termination of occupancy under a tenancy-at-will or the end of the tenancy stated in a valid written lease (M.G.L. c. 186, Section 15B(4)).
- 3
If the lessor takes deductions, within those 30 days the lessor must provide a sworn itemized list of damages, signed under the pains and penalties of perjury, describing in precise detail the nature of the damage and the repairs necessary, plus written evidence such as estimates, bills, invoices, or receipts (Section 15B(4)).
- 4
A lessor may deduct only for unpaid rent or water charges not lawfully withheld, any unpaid increase in real estate taxes the tenant agreed to pay, and a reasonable amount to repair damage caused by the tenant, reasonable wear and tear excluded (Section 15B(4)).
- 5
The lessor may not deduct for reasonable wear and tear (Section 15B(4)).
- 6
For certain violations in Section 15B(6), including failing to furnish the sworn itemized list within 30 days or failing to return the deposit or balance within 30 days, the tenant is entitled to three times the deposit or balance owed, plus interest at five per cent from the date payment became due, together with court costs and reasonable attorney's fees (Section 15B(7)).
- 7
If the demand is ignored, a Massachusetts tenant can sue in small claims court for up to $7,000 (M.G.L. c. 218, Section 21); the deadline to sue on a contract is six years (M.G.L. c. 260, Section 2).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
Open the Security Deposit Demand Letter guideCustomize your Security Deposit Demand Letter Template with DocDraft
Massachusetts Requirements for Security Deposit Demand Letter
A Massachusetts lessor must return the security deposit, or any balance, within 30 days after the termination of occupancy under a tenancy-at-will or the end of the tenancy stated in a valid written lease (M.G.L. c. 186, Section 15B(4)). Your demand letter should state that this deadline has passed.
If a Massachusetts lessor takes deductions, within 30 days the lessor must provide a sworn itemized list of damages, signed under the pains and penalties of perjury, describing in precise detail the nature of the damage and the repairs necessary, plus written evidence such as estimates, bills, invoices, or receipts (Section 15B(4)).
A Massachusetts lessor may deduct only for unpaid rent or water charges not lawfully withheld, any unpaid increase in real estate taxes the tenant agreed to pay, and a reasonable amount to repair damage caused by the tenant, reasonable wear and tear excluded (Section 15B(4)). Deductions outside these categories can be disputed.
A Massachusetts lessor may not deduct for reasonable wear and tear (M.G.L. c. 186, Section 15B(4)). Charges for normal use are improper and can be challenged in your demand letter.
For certain violations, including failing to furnish the sworn itemized list within 30 days or failing to return the deposit or balance within 30 days, a Massachusetts tenant is entitled to three times the deposit or balance owed, plus interest at five per cent from the date payment became due, together with court costs and reasonable attorney's fees (Section 15B(7)).
The treble award is keyed to the enumerated violations in M.G.L. c. 186, Section 15B(6), such as failing to hold the deposit in the required separate account, failing to furnish the sworn itemized list of damages within 30 days, or failing to return the deposit or balance within 30 days. Identify the specific violation in your demand letter.
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address. Keep a copy of the letter and the delivery record for a later small claims filing.
If the demand is ignored, a Massachusetts small claim is limited to $7,000 for a claim in the nature of contract or tort (M.G.L. c. 218, Section 21). The deadline to sue on a contract is six years (M.G.L. c. 260, Section 2), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand a Massachusetts tenant sends a former landlord to recover a security deposit the landlord did not return within the 30 days that M.G.L. c. 186, Section 15B(4) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing in small claims court, and it can note that certain violations expose the landlord to three times the deposit plus five per cent interest and attorney's fees under Section 15B(7).
A Massachusetts security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where the limit is $7,000 (M.G.L. c. 218, Section 21). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first and can support a claim for treble damages under M.G.L. c. 186, Section 15B(7).
Under M.G.L. c. 186, Section 15B(4), a Massachusetts lessor must return the security deposit, or any balance of it, within 30 days after the termination of occupancy under a tenancy-at-will or the end of the tenancy stated in a valid written lease. If the lessor takes any deductions, the sworn itemized list of damages and supporting written evidence must be provided within the same 30 days. If 30 days pass with no deposit and no proper itemized list, a demand letter is the usual next step before small claims court.
Under M.G.L. c. 186, Section 15B(7), where a Massachusetts lessor commits certain violations listed in Section 15B(6), including failing to furnish the sworn itemized list of damages within 30 days or failing to return the deposit or balance within 30 days, the tenant is awarded three times the amount of the deposit or balance owed, plus interest at five per cent from the date payment became due, together with court costs and reasonable attorney's fees. The treble award is keyed to those enumerated violations, not to a separate bad-faith finding.
Under M.G.L. c. 186, Section 15B(4), a Massachusetts lessor may deduct only for unpaid rent or water charges that were not lawfully withheld, any unpaid increase in real estate taxes the tenant was obligated to pay, and a reasonable amount necessary to repair damage caused to the unit by the tenant or a person under the tenant's control, reasonable wear and tear excluded. Charges for reasonable wear and tear, or for anything outside these categories, can be disputed in your demand letter.
Yes, and the standard is strict. Under M.G.L. c. 186, Section 15B(4), a Massachusetts lessor who takes deductions must provide within 30 days a sworn itemized list of damages, signed under the pains and penalties of perjury, that describes in precise detail the nature of the damage and the repairs necessary, together with written evidence such as estimates, bills, invoices, or receipts. Failing to furnish that sworn list within 30 days is one of the violations that triggers treble damages under Section 15B(7).
A Massachusetts small claim is limited to $7,000 for a claim in the nature of contract or tort (M.G.L. c. 218, Section 21). A deposit claim can include the deposit or balance owed plus, where the lessor committed a Section 15B(6) violation, three times that amount, interest at five per cent from the date payment became due, court costs, and reasonable attorney's fees under M.G.L. c. 186, Section 15B(7). The deadline to sue on a contract is six years (M.G.L. c. 260, Section 2), though filing promptly after the demand is the practical approach.
A Massachusetts demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 30-day deadline under M.G.L. c. 186, Section 15B(4) has passed with no deposit and no sworn itemized list of damages. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the treble damages plus five per cent interest and attorney's fees under Section 15B(7) reinforces the demand.