What Is the Penalty for Not Returning a Security Deposit in Massachusetts?

A landlord who fails to return the deposit or comply with the statute is liable for three times the deposit plus 5% interest, costs and attorney's fees. That is the remedy Mass. Gen. Laws ch. 186, § 15B gives a Massachusetts tenant whose landlord misses the 30 days return deadline or never sends the itemized list of deductions.

The deadline the penalty depends on

• Return deadline: 30 days after termination of the tenancy.
• Itemized deductions: required in writing. An itemized list of damages sworn under the pains and penalties of perjury, with written evidence of repair costs.
• Forwarding address: not a statutory condition of getting the deposit back.
• Penalty for wrongful withholding: A landlord who fails to return the deposit or comply with the statute is liable for three times the deposit plus 5% interest, costs and attorney's fees.
• Deposit cap: One month's rent.
• Interest: 5% per year, or the bank's actual rate, paid annually and at the end of the tenancy.
• Small claims limit: $7,000.
• Statute: Mass. Gen. Laws ch. 186, § 15B.

What you have to be able to prove

• The tenancy ended and you gave back possession, with the date.
• Where the landlord could have sent the money. A forwarding address in writing removes the argument.
• No refund and no itemized statement arrived within the deadline, or the statement listed deductions the landlord cannot support.
• The amount of the deposit and any part that was returned.

How to claim it

A penalty is not automatic; the tenant has to ask for it, usually in small claims court (limit $7,000 in Massachusetts). The first step is a dated written demand that cites Mass. Gen. Laws ch. 186, § 15B, counts the days from termination of the tenancy, and names the penalty. Landlords who understand what a court can award often pay at that point.

Frequently Asked Questions

Q: Does the Massachusetts penalty apply if the landlord is only a few days late?
A: Mass. Gen. Laws ch. 186, § 15B sets a deadline of 30 days; the statute does not carve out a grace period. Whether a court awards the full penalty for a short delay depends on the facts, which is why the dated demand letter matters: it fixes the day the landlord knew.

Q: Do I have to give my landlord a forwarding address in Massachusetts?
A: Mass. Gen. Laws ch. 186, § 15B does not make a forwarding address a condition of getting the deposit back, but the landlord still has to know where to send it. Give one in writing anyway so a late return cannot be blamed on you.

Q: Can I sue my landlord in small claims court for my Massachusetts deposit?
A: Yes. Massachusetts small claims court hears claims up to $7,000, which covers most deposits plus the statutory penalty. A dated written demand that cites Mass. Gen. Laws ch. 186, § 15B is the usual first exhibit.

Sources Checked

• Mass. Gen. Laws ch. 186, § 15B (the Massachusetts statute cited above)
• LeaseLenses Massachusetts deposit and notice data set, last reviewed 2026-09-19; the same data powers the Massachusetts document tools
• Massachusetts landlord-tenant overview and the Massachusetts deposit rules page

This page is general legal information for Massachusetts, not legal advice. Statutes change; read the current text before relying on a deadline in court.