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Massachusetts Law in 30 Seconds · Landlord and Tenant

What Happens If a Massachusetts Landlord Keeps Your Security Deposit Past 30 Days?

0:24 · M.G.L. c.186 s.15B(6)-(7)

A Massachusetts landlord has thirty days after the tenancy ends to return the security deposit or whatever balance of it the tenant is owed. When that thirty-day return fails, M.G.L. c. 186, sec. 15B(7) awards the tenant three times the deposit or balance, plus interest at five percent from the date payment became due, plus court costs and reasonable attorney’s fees.

Why the thirty-day failure is the one that matters

Section 15B is a long statute, and subsection (6) is a list of five things a landlord can do wrong. Any of the five forfeits the landlord’s right to keep any portion of the deposit. That much is widely reported.

What gets reported inaccurately is the multiplier. Subsection (7) does not attach to all five failures. It reaches three of them: failing to hold the deposit in a separate interest-bearing account in a Massachusetts bank, failing to transfer the deposit to a new owner, and failing to return the deposit or its balance within thirty days after the tenancy ends. A landlord who forgets the itemized list of damages has forfeited the deposit under subsection (6), but that omission by itself is not what subsection (7) triples.

That distinction is the reason the video says “the thirty-day return failure” rather than “any violation.” A tenant reading a general article about section 15B can easily walk into a claim built on the wrong subsection.

What the tenant is actually asking for

The award described in subsection (7) is the deposit or balance multiplied by three, and the statute states it as what the tenant “shall be awarded” rather than as something the court may consider. Interest runs at five percent from the date the payment became due. Court costs and reasonable attorney’s fees sit alongside the award in the same sentence of the statute.

None of that answers whether a particular deduction from a particular deposit was proper, how much of the deposit is genuinely a “balance thereof,” or whether the tenancy ended on the date one side says it did. Those are fact questions, and they are where security deposit disputes are usually won or lost.

Full transcript of this video

Cold open: Thirty days. Still no deposit.

Voice over: Massachusetts gives your landlord thirty days.

Voice over: Nothing back by day thirty-one, the statute triples it. Chapter 186, Section 15B.

Jim Glaser: Your landlord had thirty days. Day thirty-one, the law says three times the deposit. Look it up at jimmyknows.ai.

Voice over: Thirty days. Send this to the roommate still waiting.

The actual law

M.G.L. c.186 s.15B(6)-(7) on malegislature.gov

Subsection (6) lists five landlord failures that forfeit the right to keep any of the deposit, but subsection (7) awards treble damages for only three of them: failing to hold the deposit in a separate interest-bearing Massachusetts bank account, failing to transfer it to a new owner, and failing to return the deposit or its balance within thirty days after the tenancy ends. Failing to give the itemized list of damages or using a conflicting lease clause forfeits the deposit but does not itself trigger the treble remedy under (7).

the tenant shall be awarded damages in an amount equal to three times the amount of such security deposit or balance thereof to which the tenant is entitled plus interest at the rate of five per cent

Penalty as written: Three times the deposit or balance owed, plus 5 percent interest from the date payment became due, plus court costs and reasonable attorney's fees.

Common questions

When does the thirty-day clock start running in Massachusetts?

Subsection (6)(e) measures the thirty days from the end of the tenancy, not from the day the tenant asks for the money back and not from the day the landlord finds a new tenant. Once thirty days pass with the deposit or its balance still unreturned, that particular failure is one of the three that subsection (7) reaches.

Does every security deposit mistake by a landlord trigger triple damages?

No, and this is the most common misunderstanding about the statute. Subsection (6) lists five failures that forfeit the landlord's right to keep any part of the deposit, but subsection (7) awards three times the deposit for only three of them: failing to hold the money in a separate interest-bearing Massachusetts bank account, failing to transfer it to a new owner, and failing to return it within thirty days after the tenancy ends. A missing itemized list of damages, on its own, forfeits the deposit without triggering the treble remedy.

What does the tenant recover besides three times the deposit?

Subsection (7) adds interest at five percent from the date the payment became due, together with court costs and reasonable attorney's fees. The statute states those items alongside the treble award rather than leaving them to the court's discretion.

Does the landlord get to keep money for damage to the apartment?

Section 15B allows a landlord to deduct for certain items, including unpaid rent and damage beyond reasonable wear and tear, subject to the statute's own notice and itemization requirements. Whether a specific deduction was proper is a fact question about that apartment and that lease, which is why a Massachusetts tenant with a disputed deduction should describe the actual facts to a lawyer rather than rely on a general rule.

Keep reading

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This video and the text on this page are general legal information, not legal advice, and do not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability. This video uses an AI-generated likeness and voice of Attorney Jim Glaser, with his permission.

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