Short answer: In Massachusetts, your landlord's policy doesn't cover your belongings or liability. Under M.G.L. c. 186 §15B, a security deposit can't exceed the first month's rent. A landlord who takes one must give you a written statement of the unit's condition within 10 days. The landlord must return the deposit, or any balance after lawful deductions, within 30 days after your tenancy ends. Reasonable wear and tear is excluded. Some violations can mean three times the deposit plus interest, costs and attorney's fees.
This guide is general information for Massachusetts renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: Move-in rules
Under M.G.L. c. 186 §15B:
- A landlord may collect first month's rent, last month's rent, a lock-change fee and a security deposit no greater than the first month's rent.
- If the landlord takes a deposit, they must give you a separate written statement of the present condition of the unit, including a comprehensive listing of existing damage, at the start of the tenancy or within 10 days after it begins, whichever is later. Review it and note anything missing.
- Deposits must be held in a separate, interest-bearing account in a Massachusetts bank, and you're entitled to interest.
Step 2: The 30-day return
- Within 30 days after the tenancy ends, the landlord must return the deposit or any balance.
- Deductions are limited to unpaid rent or water charges, certain tax escalation amounts, and a reasonable amount to repair damage you caused, reasonable wear and tear excluded. For damage, the landlord must provide an itemized list under oath with written evidence of cost.
Step 3: Treble damages
Under §15B(7), if the landlord fails to comply with certain return requirements, you're awarded three times the deposit or balance due, plus 5% interest, court costs and reasonable attorney's fees.
Step 4: Winter storms and water
Nor'easters, ice dams and frozen pipes are common Massachusetts claims. Renters insurance typically covers your belongings for sudden water and wind damage. Flood is generally excluded; see FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Massachusetts.
Frequently asked questions
What's the maximum security deposit in Massachusetts?
No more than the first month's rent, under M.G.L. c. 186 §15B.
What is a statement of condition in Massachusetts?
A written list of the unit's condition and existing damage that the landlord must give you within 10 days after the tenancy begins if they take a deposit.
How long does a Massachusetts landlord have to return my deposit?
Within 30 days after the tenancy ends.
What's the penalty for certain Massachusetts deposit violations?
Three times the deposit or balance due, plus 5% interest, court costs and reasonable attorney's fees.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.
