Massachusetts Security Deposit Rules (2026): 30 Days, the One-Month Cap and Cleaning Fees

Massachusetts has some of the most tenant-protective security deposit rules in the country. The law sets a strict cap, a strict deadline and strict paperwork, and in 2025 the Supreme Judicial Court made clear that a landlord cannot take professional cleaning fees out of a deposit. This guide explains the rules in plain English, what can and cannot be deducted, and how to leave a rental so you get your money back quickly. It is general information, not legal advice; check the current statute or speak to a lawyer about your own case.

Massachusetts deposit rules at a glance

• The law: Massachusetts General Laws chapter 186, section 15B
• Cap: the deposit cannot be more than the first month’s rent. At the start of a tenancy a landlord may ask only for first month’s rent, last month’s rent, a deposit no larger than one month’s rent, and the cost of a new lock and key
• Receipt: the landlord must give you a receipt that names the bank where the deposit is held
• Separate account: the deposit must be kept in a separate, interest-bearing account in a Massachusetts bank, protected from the landlord’s creditors
• Statement of condition: within 10 days of the start of the tenancy, the landlord must give you a written statement of the unit’s condition; you can add your own list of problems
• Interest: paid to you each year and when the tenancy ends
• Return deadline: 30 days after the tenancy ends
• Penalty: a landlord who breaks key parts of the law can owe up to three times the deposit, plus interest, court costs and attorney’s fees

What a landlord can deduct

The list is short. A Massachusetts landlord may deduct only:

• Unpaid rent or water charges that you owe under the lease
• A share of any real estate tax increase, if your lease has a valid tax escalation clause
• The reasonable cost of repairing damage caused by you, your household or guests, beyond reasonable wear and tear

Deductions for damage must be listed on an itemized statement, signed under the pains and penalties of perjury, with written evidence such as bills, invoices or estimates. The landlord must send it within the same 30 days.

The 2025 ruling on cleaning fees

In Peebles v. JRK Property Holdings (2025), the Supreme Judicial Court looked at landlords who took cleaning fees and other charges out of tenants’ deposits. The court held that the statute’s list of permitted deductions is exclusive, so routine cleaning costs cannot be taken from the deposit, even if the lease says they will be. Ordinary dust, a used oven or a bathroom that needs a scrub is not “damage.”

That does not mean cleaning stops mattering. A landlord can still argue that a unit left in a truly damaged state needs repair, can pursue other charges in other ways, and will remember the condition you left when a future landlord calls for a reference. A clean handover is still the fastest route to a quick, full refund and a good reference.

Wear and tear versus damage

Reasonable wear and tear is the decline that comes from normal living. Damage is harm beyond that. Typical examples:

Common move-out items in Massachusetts rentals

Usually wear and tear	Usually damage
Faded or lightly scuffed paint	Large holes, crayon or marker on walls
Worn carpet in walkways	Burns, pet urine stains, large tears
Loose door handles, worn hinges	Broken doors, cracked glass
Small nail holes from pictures	Unapproved painting or fixtures left behind
Light dust on radiators and sills	Pet damage to floors and trim

Interest and last month’s rent

Massachusetts treats a deposit as your money held in trust. At the end of each year of the tenancy the landlord must pay you interest at the rate set in the statute (or the rate the bank actually paid, where the law allows that), either in cash or as a credit against your rent. If the landlord does not, you can deduct the interest from your next rent payment. Last month’s rent paid in advance also earns interest under the same law. When the tenancy ends, any interest owed for the final partial year is due with the deposit.

Last month’s rent is not a deposit. It pays your final month, so a landlord cannot keep it to cover damage or cleaning. If your rent goes up during the tenancy, the landlord may ask you to top up the last month’s rent to match, but should account for the interest already earned.

Mistakes that can cost a landlord the deposit

Because the law is strict, small paperwork mistakes have big consequences. A landlord who does not hold the deposit in a separate Massachusetts bank account, does not give the required receipts, does not return the deposit within 30 days, or deducts without a sworn itemized list and written evidence can lose the right to keep any of it, and may owe up to three times the amount plus costs. That is one reason some Massachusetts landlords choose not to take a deposit at all and rely on first and last month’s rent instead.

Protect yourself from the start

The best deposit protection begins on move-in day. Take dated photos and video of every room, including inside the oven, fridge, cabinets and closets, the radiators, the windows and the floors. When the statement of condition arrives, read it carefully, add anything missing, sign it and return it within 15 days, keeping a copy. If you never receive one, write your own list and send it to the landlord.

A move-out plan for September 1

Many Greater Boston leases end on August 31, which makes the last week of August the busiest time of year for movers, trucks and cleaners. A simple plan:

• Four weeks out: book movers and your move-out clean, and ask the landlord when the walk-through will be
• Two weeks out: give your forwarding address in writing
• The day before: defrost and empty the fridge and freezer
• Moving day: remove everything, including the basement storage cage, porch and bike room
• Cleaning day: kitchen, bathrooms, radiators, sashes and floors, then photograph each room
• Walk-through: bring your move-in photos, the statement of condition and your move-out photos

What to clean before you hand back the keys

Because cleaning fees cannot come out of the deposit, aim for a home you would be happy to move into yourself. The items landlords notice first in Massachusetts apartments are the oven and range hood, the fridge, bathroom grout and soap scum, radiator dust, window sashes and tracks, and floors in the entry where winter salt collects. Our move-out cleaning starts at $190 and follows that checklist; inside appliances and carpet cleaning can be added.

If your deposit isn’t returned

If 30 days pass with no refund and no sworn itemized list, write to the landlord, cite chapter 186 section 15B, state the amount you are owed and give a short deadline. Keep copies of everything. Small claims court handles most deposit disputes in Massachusetts, and the treble-damages rule gives landlords a strong reason to settle. Legal aid organizations and the Attorney General’s consumer advocacy pages can help you with letters and next steps.

What to do next

Planning a move? Get a free quote with your move date, or see the Massachusetts areas we cover for move-out cleaning, including Boston, Somerville, Cambridge and Worcester. For a whole-month plan, read our September 1 moving day guide.