How long does a Boston landlord have to return a security deposit?

Under Massachusetts General Laws Chapter 186, Section 15B, your landlord must return your full security deposit plus accrued interest within 30 days of your tenancy ending.

What are treble damages under Massachusetts security deposit law?

If a landlord fails to return your deposit within 30 days or fails to place it in a separate interest-bearing Massachusetts bank account, courts can award 3 times the deposit amount plus attorney fees and court costs.

Are landlords allowed to charge application fees or move-in fees in Massachusetts?

No. Under M.G.L. c. 186 § 15B and 940 CMR 38.00, landlords can only charge first month rent, last month rent, a deposit up to 1 month rent, and key replacement costs. Application fees, renewal fees, lockbox fees, and resident benefit package fees are strictly prohibited.

Boston Security Deposit & Illegal Landlord Junk Fees Rights

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*Note: In Massachusetts, statutory violations under c. 186 § 15B also obligate the landlord to pay reasonable legal fees and court costs.

Massachusetts Security Deposit Law (M.G.L. c. 186 § 15B)

Massachusetts has some of the strictest tenant protection laws in the nation. Landlords frequently violate the law by:

Failing to deposit funds into a separate, interest-bearing MA bank account.
Failing to return the deposit (or itemized deductions) within 30 days.
Failing to provide an itemized damage list signed under the pains and penalties of perjury.
Withholding money for standard "wear and tear."

Illegal Landlord "Junk Fees" in Massachusetts

Under Massachusetts law (M.G.L. c. 186, § 15B and 940 CMR 38.00), landlords and property management companies are strictly prohibited from demanding payments beyond first month’s rent, last month’s rent, a security deposit, and lock change costs.

Recent AG Enforcement Action: The Massachusetts Office of the Attorney General secured a $500,000 settlement against a prominent Boston property management firm for charging illegal pre-tenancy fees, disguised rental charges, and deceptive fine structures.

Prohibited Fees You Can Dispute & Recover:

Application & Lease Fees: "New lease fees," "lease renewal fees" ($250–$500), tenant substitution charges, or fees to process rental applications.
Move-In & Lockbox Fees: Extra charges for moving in, priority move-in access, or key lockbox distribution.
Mandatory Monthly "Benefit Packages": Monthly fees (e.g., $42/mo "Resident Benefits Package") that are forced on tenants and disguised outside of advertised rent.
Double-Dipping Lease Break Fees: Charging both a fixed "lease break fee" AND demanding remaining rent/damages.
Excessive Fine Clauses: Penalties for communicating directly with unit owners ($100 fines), excessive holdover penalties ($200 per 6-hour period), or unawarded legal/constable fees.
Move-Out Fees & Uncertified Utilities: Condo association move-out fees passed to tenants, or billing water/sewer costs without required city/state submetering certifications.

Frequently Asked Questions

How long does my landlord have to return my deposit?

30 days from the date you surrender the apartment. If they miss this deadline by even one day, they forfeit the right to keep any portion of your deposit for damages.

What are "Treble Damages"?

Treble damages refer to a 3x financial penalty mandatory under MA law if a landlord refuses to return your deposit after a proper demand or commits specific statutory violations (such as failing to separate your deposit from personal funds).

Can a Boston landlord charge me a fee to renew or sign a lease?

No. Fees for processing applications, renewing leases, changing names on a lease, or lockbox move-ins are illegal under Massachusetts consumer protection and landlord-tenant laws (940 CMR 3.17 & 940 CMR 38.00).

Do I have to pay upfront attorney fees?

Under M.G.L. c. 186 § 15B, if the tenant wins, the court orders the landlord to pay all reasonable attorney fees and court expenses.

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