Title 14: COURT PROCEDURE -- CIVIL Show Part 7: PARTICULAR PROCEEDINGS Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS §6033. Return of the security deposit1. Normal wear and tear. A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear. [PL 1977, c. 359 (NEW).] 2. Return; time; retention. A landlord shall return to a tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide the tenant with a written statement itemizing the reasons for the retention of the security deposit or any portion of it: A. In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and [PL 1977, c. 359 (NEW).] B. In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. [PL 1977, c. 359 (NEW).] The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained. Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord. The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant. [PL 1995, c. 52, §1 (AMD).] 3. Penalty. If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit. [PL 1977, c. 359 (NEW).] SECTION HISTORY PL 1977, c. 359 (NEW). PL 1985, c. 264 (AMD). PL 1995, c. 52, §1 (AMD). Legal tactics: tenants' rights in Massachusetts, chapter 3 security deposits and last month's rent, Mass. Legal Help, 2018. MGL c. 186, § 15B Security deposits
Massachusetts regulations940 CMR 3.17(4) Security deposits and rent in advance Federal regulations24 CFR § 886.315 Section 8 Housing security and utility deposits Selected case lawCastenholz v.
Caira , 21 Mass. App. Ct. 758 (1986) Dolores v. Gustafson , 2009 Mass. App. Div. 267 (2009) Karaa v. Yim, 86 Mass. App. Ct. 714 (2014) Phillips v. Equity Residential Management, LLC, 478 Mass. 251 (2017) Ryan v. Mary Ann Morse Healthcare Corp., 483 Mass. 612 (2019) Taylor v. Burke , 69 Mass. App. Ct . 77 (2007) FormsApartment condition statement, Worcester Law Library. Web sourcesFAQ about security deposits, MassLandlords.net Newsletter, March 2020. Getting back your security deposit, Mass. Legal Help. How to be a landlord in Massachusetts and avoid legal trouble: security deposits, chapter 25. A. Joseph Ross, May 2020 Learn about holding a security deposit, Mass. Housing Court. Within 30 days of depositing the security deposit, the landlord must give the tenant in writing: 1) the name and location of the bank where the deposit is being held; 2) the amount of the deposit; and 3) the account number Learn about returning or getting back a security deposit “A landlord must return a tenant’s security deposit and any interest, minus any portion that was rightfully subtracted, within 30 days after the tenant moves out.” Mandatory statement of condition, Mass. Office of Consumer Affairs. Massachusetts security deposit limits and deadlines, Nolo, 2017. Renting rights, Mass. Consumer Affairs Blog, 2018. Security deposits, MassLandlords.net. Print sourcesMassachusetts
landlord survival guide, Greater Boston Real Estate Board, 2020. Massachusetts landlord-tenant law, Lexis, George Warshaw, 2d edition, 2001, with supplement. Massachusetts landlord-tenant practice: law and forms: security deposits and last month's rent, G. Emil Ward, 2013. Massachusetts Practice:
Property management manual for Massachusetts rental owners, 6th ed., H. John Fisher, HAP Housing (2015). Chapter 7. “Security Deposits and Last Month’s Rent.” Residential and commercial landlord-tenant practice in Massachusetts, 3rd ed., MCLE, loose-leaf, Chapter 1.
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