MA · Renter law
What’s the maximum security deposit a landlord can charge in Massachusetts?
Massachusetts has one of the strictest security deposit laws in the country, and most landlords who break it don’t even know they’re doing it. Here’s the cap, the three other charges that are legal, and the penalty math that puts you in a stronger position than you think.
Updated July 13, 2026 · 7 min read
The short answer
One month’s rent — that’s the cap. Under M.G.L. c. 186, § 15B, a Massachusetts landlord may collect only four things at or before move-in: first month’s rent, last month’s rent, a security deposit of up to one month’s rent, and the actual cost of a new lock and key. Application fees, move-in fees, pet deposits, and “amenity” fees aren’t on that list, and charging them is illegal — even when they’re printed in the lease you signed.
The only four charges allowed at move-in
Most states cap the security deposit and leave the rest to the market. Massachusetts goes further: it lists everything a landlord may collect at the start of a tenancy, and the list has exactly four items.
The four-item list is the whole game. When a Massachusetts lease bill includes a line that isn’t one of those four, it isn’t a gray area or a negotiation opener — it’s a charge the legislature specifically decided landlords don’t get to make. Here’s what it tends to look like on paper:
“Upon execution of this Lease, Tenant shall pay: first month’s rent ($2,400), last month’s rent ($2,400), security deposit ($2,400), a non-refundable move-in fee of $350, and a pet deposit of $500.”
The first three lines are legal. The move-in fee and the pet deposit are not, and neither would be an “application fee” collected before this stage. One honest wrinkle: a genuine lock-and-key cost is allowed — so a $40 key line item is fine, while a padded “key fob deposit” far beyond the cost of the hardware isn’t. (Broker fees are their own story with their own 2025 law — see our guide to Massachusetts broker fees.)
The deposit comes with strings attached — for the landlord
Taking a security deposit in Massachusetts signs the landlord up for a set of obligations that many — especially smaller landlords — never follow. Each one is a right you hold from day one:
- A separate, protected bank account. Your deposit must be held in an interest-bearing account in a Massachusetts bank, walled off from the landlord’s own money and their creditors. It’s your money in trust, not their working capital.
- A receipt naming the bank. Within 30 days of paying, you’re entitled to a receipt with the bank’s name, address, and the account number.
- A statement of condition. A landlord who takes a deposit must give you a written statement of the unit’s current condition within 10 days of move-in. Sign it only after correcting it — it’s the baseline your deposit will be judged against when you leave.
- Annual interest. 5% per year, or the actual rate the bank pays, owed to you each year of the tenancy. The same rule covers last month’s rent paid in advance.
These aren’t technicalities. Holding the deposit improperly is itself a violation that can trigger the triple-damages provision below — which is why a renter who knows this list walks into a deposit dispute with far more leverage than the dollar amount suggests.
What can come out of your deposit when you leave
Only three categories of deductions are lawful:
- Unpaid rent (that you didn’t lawfully withhold),
- Your agreed share of a real-estate tax increase, if your lease has a valid escalator clause, and
- The reasonable cost of repairing damage you caused, beyond reasonable wear and tear.
For damage deductions, the landlord owes you a sworn, itemized statement of the damage with supporting evidence within 30 days after the tenancy ends. “Cleaning” a unit back to better-than-you-found-it, repainting after years of normal living, or vague “restoration fees” with no itemization are the classic overreaches — normal wear and tear is the landlord’s cost, by law.
The 30-day deadline and the triple-damages rule
The deposit, plus any interest owed and minus any lawful deductions, must be back in your hands within 30 days after the tenancy ends. Miss that window — or hold the deposit in the wrong kind of account, skip the interest, or rely on an automatic forfeiture clause — and § 15B exposes the landlord to three times the amount wrongfully withheld, plus interest, court costs, and reasonable attorney’s fees.
That multiplier changes the negotiation. A landlord sitting on a $2,400 deposit with a weak itemization isn’t risking $2,400 — they’re risking north of $7,000 plus your lawyer’s bill. You don’t have to threaten anyone with it; you just have to show you know it. A calm letter that cites the statute, states the date the tenancy ended, and asks for the deposit and interest by a specific date resolves a remarkable share of these disputes on its own.
And watch for this clause, which is a violation just by existing in the lease:
“In the event of any breach of this Agreement by Tenant, the security deposit shall be forfeited to Landlord in its entirety as liquidated damages.”
If your lease asks for more than the law allows
Before signing: treat an illegal fee as information. Sometimes it’s a landlord who doesn’t know the law; sometimes it’s one who’s counting on you not knowing it. Either way, you can decline the specific line without torching the deal: “Section 15B limits move-in charges to first, last, security, and lock — I’m ready to sign with those four.” You’ll learn a lot about your future landlord from what happens next.
After signing: nothing about a signature makes an illegal charge collectible. Demand letters citing § 15B, the Attorney General’s consumer complaint process, and small claims court (up to $7,000, designed to be used without a lawyer) are all built for renters — and the treble-damages provision means it’s usually the landlord, not you, who should want to settle quickly.
Questions renters ask
Can a landlord charge first month, last month, AND a security deposit together?
Yes. All three at once is legal — plus the cost of a new lock and key. That’s the maximum: the deposit itself can’t exceed one month’s rent, and nothing else can be added on top. Painful, but lawful.
Are pet deposits or pet fees legal in Massachusetts?
Not up front. A pet deposit or one-time pet fee at move-in isn’t one of the four permitted charges, so it’s illegal no matter what the lease calls it. A landlord can charge higher monthly rent for a unit that allows pets — that’s just rent. And “no pets” clauses don’t apply to service or assistance animals at all.
Is a “non-refundable deposit” legal?
No — that phrase contradicts itself under Massachusetts law. A deposit is your money held in trust, and a lease clause that forfeits it automatically is one of the specific violations that makes the landlord liable for three times the amount, plus interest, court costs, and attorney’s fees.
I already signed a lease with a move-in fee in it. Am I stuck?
No. An illegal charge doesn’t become legal because you signed — § 15B can’t be waived by contract. If you haven’t paid it yet, you can decline with the statute in hand. If you already paid, you can demand it back in writing, and small claims court (up to $7,000, no lawyer needed) is built for exactly this.
Does my security deposit earn interest?
Yes. The deposit must sit in a separate interest-bearing account in a Massachusetts bank, and you’re owed the interest — 5% per year or whatever the bank actually pays — each year of the tenancy. Last month’s rent collected in advance earns interest the same way. If you never see an interest statement, that’s a violation, not an oversight.
What happens if the landlord misses the 30-day return deadline?
The penalty provision kicks in: failing to return the deposit (minus lawful deductions) within 30 days after the tenancy ends can make the landlord liable for three times the amount wrongfully withheld, plus interest, court costs, and reasonable attorney’s fees. Most deposit disputes settle fast once a tenant shows they know that number.
Sources & statutes
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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.