One of the most common issues tenants in the Boston area have is not getting their security deposit returned when they move out. The security deposit law in Massachusetts can be confusing to read and hard to follow. If you are a tenant and have not received your security deposit I can review your case and often will be able to get your deposit back.

The security deposit statute, G.L. c. 186 §15B, sets strict requirements for the handling of a tenant’s security deposit when held by the landlord. The statute also has strict requirements for keeping or returning the security deposit money after the tenant vacates the landlord’s property. Section 4 of 186 §15B requires the landlord return the deposit “within thirty days after termination of occupancy” and allows the landlord to only deduct for damages caused by the tenant provided the money is withheld from the deposit in strict compliance with the statute. The statute requires the landlord provide a withholding letter “sworn to by the lessor or his agent under pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct the damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof” also within thirty days after the tenant vacates. G.L. c. 186 §15B 4 (iii).

The statute requires that a landlord who wishes to retain any portion of the tenant’s security deposit for alleged damages must send the tenant a withholding letter that meets all three statutory requirements: 1) signed under the pains and penalties of perjury; 2) includes an itemized list of damages and written evidence, such as estimates, bills, invoices or receipts; and 3) within 30 days of after termination of occupancy.

Often landlords keep the security deposit or some portion of the deposit without sending a withholding letter, or by sending a letter that does not meat all three requirements.

Email me with your security deposit questions and read answers to some of the most common questions I receive.

If you are looking for help or advice on your security deposit please call me at 617.475.0909 or email me at ed@EdRiceLaw.com

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Proven Results in Massachusetts Security Deposit & Class Action Litigation

Massachusetts law protects tenants through strict mandatory compliance standards under M.G.L. c. 186, § 15B. When landlords fail to place security deposits in separate, interest-bearing accounts, omit mandatory receipts, or withhold deposits past 30 days, they forfeit all legal right to keep any portion of those funds—and expose themselves to severe statutory penalties.

Our office represents individual tenants and class-action plaintiffs across Greater Boston and Massachusetts Housing Courts, holding landlords accountable for deposit violations and recovering full statutory remedies.

Featured Legal Precedent & Victory

Securing Class-Action Relief for Withheld Security Deposits

Result: $25,000 Class-Action Settlement & Superior Court Order

In a notable Massachusetts Superior Court ruling, Ed Rice Law Office established critical protections for tenants facing landlord delays:

  • Late Returns Do Not Eliminate Liability: A landlord cannot escape class-action liability or statutory damages simply by returning a security deposit after a tenant files a lawsuit or serves a formal Chapter 93A demand letter.
  • Systemic Accountability: Successfully represented a class of tenants who each had small ($100) security deposits unlawfully withheld, proving that systemic landlord violations merit full class-action recovery.
  • Mandatory Attorney Fee Recovery: Affirmed tenant entitlement to reasonable attorney’s fees and costs under statutory fee-shifting provisions, ensuring tenants can afford experienced legal representation without paying out-of-pocket hourly rates.

Landlord Security Deposit Class Action Victory: Sanchez v. JH One Properties LLC

In Sanchez v. JH One Properties LLC and KCMP Capital Inc. (Essex Superior Court, Docket No. 1977CV00257), Ed Rice Law Office—serving as co-class counsel alongside his two co-counsel—secured final court approval for a $575,000 class-action settlement[cite: 1] on behalf of 789 residential tenants across 23 multi-family properties in Eastern Massachusetts.

Case Overview & Key Allegations

The lawsuit alleged that the landlord and property management entity violated M.G.L. c. 186, § 15B(3)(a) by failing to maintain tenant security deposits in properly segregated, interest-bearing escrow accounts.

Settlement Highlights & Tenant Recovery:

  • $575,000 Common Settlement Fund: Fully non-reversionary fund with no money returned to the landlord.
  • Recovery for Unreturned Deposits: Tenants whose deposits were improperly withheld received payouts from the class settlement.
  • Recovery Despite Prior Liability Releases: Tenants who had previously signed liability releases upon deposit return still received an additional payout under the settlement terms.
  • Exceptional 99.2% Notice Success: Through comprehensive skip-tracing, class counsel successfully reached and notified over 99.2% of the 789 class members across 23 North Shore residential properties.

Properties Covered Under the Class

The class covered residential tenants who paid a security deposit held between February 20, 2015, and May 31, 2023, across 23 properties located in Lynn, Haverhill, Gloucester, and Salem, including:

  • 501 Washington Street, Lynn, MA
  • 132-138 South Common Street & 1-4 Fosdick Terrace, Lynn, MA
  • 28-43 Barrett Street, Lynn, MA
  • 129 South Elm Street, Haverhill, MA
  • 102-104 Pleasant Street, Gloucester, MA
  • 65 Mason Street, Salem, MA

Why Landlords Forfeit Your Security Deposit Under M.G.L. c. 186, § 15B

Under Massachusetts law, a landlord immediately forfeits the right to hold or retain any portion of your security deposit if they commit any of the following violations:

  • Failure to Return Within 30 Days: Failing to deliver your full deposit (or an itemized list of sworn damages accompanied by written repair estimates/receipts) within 30 days of move-out.
  • Failure to Hold Funds in a Separate MA Account: Failing to deposit your security deposit into a separate, interest-bearing account in a bank located within Massachusetts, immune from claims of the landlord’s creditors.
  • Failure to Provide Bank Account Statements: Failing to provide the tenant with written notice of the bank name, account number, and interest rate within 30 days of receiving the deposit.
  • Failure to Provide Statement of Condition: Failing to provide a written Statement of Condition detailing existing damage within 10 days of the start of tenancy.

Statutory Treble (3x) Damages & Attorney’s Fees

Under M.G.L. c. 186, § 15B(7) and M.G.L. c. 93A, tenants subject to security deposit violations are entitled to:

  • Triple Damages (3x): Statutory awards equal to three times the amount of the original security deposit, plus accrued interest.
  • Court Costs & Reasonable Attorney’s Fees: The law mandates that non-compliant landlords pay for the tenant’s legal representation, allowing us to represent tenants on a contingency fee model with zero upfront hourly fees.

If your landlord withheld your security deposit, failed to provide bank details, or missed the 30-day deadline, call Ed Rice Law Office today at (617) 475-0909 or contact us online to evaluate your claim – email Ed@EdRiceLaw.com

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