4.3 Massachusetts Landlord-Tenant Law
Key Takeaways
- A security deposit is capped at one month's rent, and at move-in a landlord may collect at most first month, last month, security deposit, and a lock/key fee
- The landlord must pay 5% annual interest on both the security deposit and last month's rent (or the lower rate the bank actually pays)
- Security deposits must be held in a separate Massachusetts interest-bearing account and returned within 30 days of tenancy end
- A statement of condition must be given within 10 days of move-in; failure to follow deposit rules can expose the landlord to treble (3x) damages plus interest, costs, and attorney's fees
- The only lawful way to evict is summary process through the court; self-help eviction (lockouts, utility shutoffs) is illegal
The Statute Behind the Questions
Residential deposits are governed by M.G.L. c. 186, § 15B, the most heavily tested landlord-tenant law on the Massachusetts exam. The legislature treats deposit money as the tenant's property held in trust, which is why the rules are so strict and the penalties so steep.
What a Landlord May Collect at Move-In
Massachusetts caps what a landlord can demand before or at the start of a tenancy. Memorize this list — extra charges (like a non-refundable "pet fee" or amenity deposit) are not allowed.
| Permitted at move-in | Maximum |
|---|---|
| First month's rent | One month |
| Last month's rent | One month |
| Security deposit | One month |
| Lock/key replacement cost | Actual cost of locks & keys |
Trap: The security deposit alone is capped at one month's rent — not two. A landlord who collects a "two-month security deposit" has already violated § 15B.
Holding the Deposit — and Paying Interest
The security deposit must sit in a separate, interest-bearing account in a Massachusetts bank, segregated from the landlord's own money (the same trust principle as broker escrow). Within 30 days of receiving it, the landlord must tell the tenant the bank's name, address, and the account number.
The landlord owes 5% annual interest on the security deposit and on last month's rent — or the lower rate the bank actually paid, if less than 5%. Interest is paid yearly or credited toward rent.
| Money held | Interest owed |
|---|---|
| Security deposit | 5%/year (or actual bank rate, if lower) |
| Last month's rent | 5%/year (or actual bank rate, if lower) |
Worked Example
Rent is $2,000/month. The landlord lawfully collects first ($2,000), last ($2,000), and a security deposit ($2,000) — $6,000 total. One year later, the landlord must pay roughly $100 interest on the security deposit (5% of $2,000) and $100 on last month's rent, unless the bank paid less.
Statement of Condition and Returning the Deposit
Within 10 days of move-in (or upon receipt of the deposit, whichever is later), the landlord must give the tenant a written statement of condition describing the unit's condition. The tenant has 15 days to dispute it. A landlord who skips this step loses the right to deduct for damage.
At move-out, the landlord must return the deposit within 30 days of tenancy end, with any interest, and provide a sworn itemized statement for any deductions plus supporting evidence.
| Can deduct | Cannot deduct |
|---|---|
| Unpaid rent | Normal wear and tear |
| Damage beyond ordinary wear | Pre-existing damage |
| A real-estate-tax increase the lease assigns to the tenant | Improvements the tenant didn't cause |
Treble Damages — the Penalty That Gets Tested
The single most-tested consequence: a landlord who violates the core deposit duties can be liable for three times (treble) the deposit, plus 5% interest, court costs, and attorney's fees.
| Violation | Penalty |
|---|---|
| Fails to return deposit within 30 days | Up to 3x the deposit + interest + costs + fees |
| Fails to use a separate interest-bearing account | Tenant may demand immediate return |
| No itemized/sworn statement of deductions | Forfeits the right to keep any of it |
Warranty of Habitability
Every residential lease carries an implied warranty of habitability the landlord cannot waive. The State Sanitary Code sets minimums, including a heating season from September 16 through June 14 requiring at least 68°F during the day and 64°F at night, and hot water of at least 110°F.
| Requirement | Standard |
|---|---|
| Heat (Sep 16–Jun 14) | 68°F day / 64°F night minimum |
| Hot water | At least 110°F |
| Working plumbing, electrical, structure | Code-compliant and safe |
For serious code violations the tenant may withhold rent, repair-and-deduct (limited), or report to the local board of health.
Eviction — Summary Process Only
The only lawful eviction is court-ordered summary process. Self-help is illegal and exposes the landlord to damages.
| Lawful steps | Illegal self-help |
|---|---|
| Serve proper written notice to quit | Changing the locks |
| File summary process in District/Housing Court | Shutting off utilities |
| Court hearing and judgment | Removing the tenant's belongings |
| Sheriff/constable executes the order | Retaliating for a code complaint |
Notice Periods
For nonpayment of rent under a tenancy-at-will, the landlord serves a 14-day notice to quit; the tenant can usually stop the eviction by paying everything owed within those 14 days (a "cure"). For a no-fault termination of a tenancy-at-will, the notice must be at least a full rental period or 30 days, whichever is longer. Only after proper notice can the landlord file summary process in District or Housing Court.
| Situation | Notice |
|---|---|
| Nonpayment (tenancy-at-will) | 14-day notice to quit (curable by paying) |
| No-fault termination (at-will) | Rental period or 30 days, whichever is longer |
Retaliation Protection
Massachusetts presumes retaliation if a landlord raises rent, terminates, or refuses to renew within six months after a tenant reports a code violation, joins a tenants' union, or asserts legal rights. The landlord must rebut that presumption with clear, independent evidence. This protection, combined with the deposit and eviction rules, is why Massachusetts is considered a strongly tenant-protective state.
Tying the Section Together
For the exam, anchor on the numbers and the trust principle: one month maximum security deposit, 5% annual interest on the deposit and last month's rent, a 10-day statement of condition, a 30-day return clock, and treble damages for violations — and remember that the only lawful eviction route runs through the court, never the landlord's own hands.
Rent is $1,800/month. Which of the following may a Massachusetts landlord lawfully collect from a new tenant at move-in?
A landlord fails to return a $1,500 security deposit within 30 days and provides no itemized statement. What is the tenant's maximum statutory remedy?