Can a Massachusetts landlord charge a security deposit?
For Massachusetts residential rentals, under the Attorney General fee regulation (940 CMR 38.00, since September 2, 2025) and M.G.L. c. 186, s. 15B.
Last reviewed November 1, 2026 against 940 CMR 38.00 and M.G.L. c. 186, s. 15B and the sources below · How we check facts
Yes, with strict rules
Allowed, but the law sets strict limits.
What the law says
Allowed up to one month's rent, with strict rules: a receipt, a separate interest-bearing account and return within 30 days after the tenancy ends.
The deposit rules
- Amount: no more than one month's rent.
- Receipt: give the tenant a written receipt for the deposit.
- Bank account: hold it in a separate, interest-bearing account in a Massachusetts bank, protected from the landlord's creditors, and tell the tenant the bank and account number.
- Condition statement: give the tenant a written statement of the unit's condition at the start of the tenancy.
- Interest: pay the tenant interest each year, at 5% or the lower rate the bank paid.
- Return: within 30 days after the tenancy ends, minus only the deductions the law allows, such as unpaid rent and damage beyond normal wear, listed in writing.
Breaking these rules can cost a landlord up to three times the deposit plus interest, court costs and attorney's fees. Many small landlords choose not to take a deposit at all for that reason.
How to show it
Disclose it before the lease, with what it is for and its amount. If tenants can avoid it, say how. Example wording:
Security deposit: $2,100 (one month's rent), held in a separate interest-bearing account in a Massachusetts bank. You will get a receipt.
For renters
If a required fee was not part of the Total Price you were shown, it cannot be charged later. Ask the landlord about it in writing. Massachusetts renter guide.
Check every fee at once and get the price to advertise: Total Price calculator.
Other Massachusetts fees
Amenity fee · Application fee · Broker fee · Cleaning fee · Fee that was not disclosed · Holding or reservation fee · Last month's rent · Late fee · Lock change fee · Move-in or administrative fee · Optional fee · Parking fee · Payment processing fee · Pet deposit or upfront pet fee · Pet rent · Trash fee · Utility charge
Frequently asked questions
Can a Massachusetts landlord charge a security deposit?
Yes, with strict rules. Allowed up to one month's rent, with strict rules: a receipt, a separate interest-bearing account and return within 30 days after the tenancy ends.
Does a security deposit have to be in the Massachusetts Total Price?
Only if every tenant must pay it. Optional or conditional charges are disclosed separately, with how to avoid them.
Related
Not legal advice. Confirm your lease with a Massachusetts attorney.