SECURITY DEPOSIT DEMAND LETTER
COMMONWEALTH OF MASSACHUSETTS
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Massachusetts law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages, interest, and attorney's fees.
I. MASSACHUSETTS LEGAL FRAMEWORK
A. Governing Law
Security deposits in Massachusetts are governed by M.G.L. Chapter 186 Section 15B, one of the most protective tenant security deposit statutes in the nation.
B. Security Deposit Limits
Under M.G.L. c. 186 Section 15B(1)(b), a landlord may not require a tenant to pay any amount in excess of:
- First month's rent
- Last month's rent (with interest)
- Security deposit equal to one month's rent (with interest)
- Purchase and installation cost for a key and lock
The security deposit is limited to one month's rent. If you collected a deposit exceeding this amount, you have violated Massachusetts law.
C. Return Deadline
Pursuant to M.G.L. c. 186 Section 15B(4), a landlord must return the security deposit within thirty (30) days after:
1. Termination of the tenancy; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized statement accounting for any amounts withheld.
D. Interest Requirements
Under M.G.L. c. 186 Section 15B(3)(b), the landlord must pay annual interest on the security deposit at either:
- 5% per year, or
- The actual interest rate paid by the bank where the deposit is held (whichever is less)
Interest must be paid to the tenant annually on each anniversary of the tenancy or upon termination.
E. Separate Account and Receipt Requirements
Under M.G.L. c. 186 Section 15B(3), the landlord must:
- Hold the security deposit in a separate, interest-bearing account in a Massachusetts bank
- Provide a receipt stating the amount deposited, the bank name and address, and account number
- Provide the receipt within 30 days of receiving the deposit
F. Statement of Condition
Under M.G.L. c. 186 Section 15B(2), the landlord must provide a statement of condition of the premises within 10 days after the tenancy begins. Failure to provide this statement may forfeit the right to claim deductions.
G. Permissible Deductions
Under M.G.L. c. 186 Section 15B(4), a landlord may retain from the security deposit only amounts necessary to:
- Pay unpaid rent
- Pay unpaid increase in real estate taxes (if required in lease)
- Repair damage caused by the tenant beyond normal wear and tear
- Only damages documented in the statement of condition may be deducted
H. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions that existed at the beginning of tenancy
- Conditions resulting from landlord's failure to maintain premises
- Any damage not noted in a proper statement of condition
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Last Month's Rent Paid | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Massachusetts law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under M.G.L. c. 186 Section 15B(4).
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding one month's rent in violation of M.G.L. c. 186 Section 15B(1)(b).
[ ] Failure to Pay Interest: You failed to pay annual interest on the deposit as required by M.G.L. c. 186 Section 15B(3)(b).
[ ] Failure to Provide Receipt: You failed to provide a receipt for the security deposit within 30 days.
[ ] Failure to Hold in Proper Account: You failed to hold the deposit in a separate, interest-bearing account in a Massachusetts bank.
[ ] Failure to Provide Statement of Condition: You failed to provide a statement of condition within 10 days of tenancy commencement.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions not documented in statement of condition
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Massachusetts law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit and Interest
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Last Month's Rent (if applicable) | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Total Deposits and Interest Due | $[AMOUNT] |
B. Statutory Remedies
Under M.G.L. c. 186 Section 15B(7), if a landlord fails to comply with any provision of the security deposit law:
- The tenant may recover three times (3x) the amount of the deposit
- The tenant may recover interest from the date the deposit was paid
- The tenant may recover reasonable attorney's fees and costs
This is a strict liability statute - the tenant need not prove bad faith or intentional violation.
C. Attorney's Fees and Costs
Under M.G.L. c. 186 Section 15B(7), our Client is entitled to recover reasonable attorney's fees and court costs incurred in pursuing this claim.
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Statutory Penalty (3x deposit) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Statement of condition (if provided)
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Bank statements showing deposit receipt
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit and Interest: Pay to our Client the full amount of the security deposit plus accrued interest: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Massachusetts Small Claims Court (for claims up to $7,000) or District/Housing Court for return of the deposit, treble damages, interest, attorney's fees, and costs.
-
Seek Treble Damages: Request the court award three times the amount of the deposit pursuant to M.G.L. c. 186 Section 15B(7).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees and costs pursuant to M.G.L. c. 186 Section 15B(7).
-
Report Violations: Report your conduct to:
- Massachusetts Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BBO NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Statement of condition
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
MASSACHUSETTS SECURITY DEPOSIT QUICK REFERENCE
| Element | Massachusetts Requirement |
|---|---|
| Governing Statute | M.G.L. Chapter 186 Section 15B |
| Deposit Limit | 1 month's rent |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipt Required | Yes (within 30 days) |
| Interest Required | Yes (5% or bank rate) |
| Separate Account Required | Yes (interest-bearing, MA bank) |
| Statement of Condition | Yes (within 10 days) |
| Penalty for Violation | 3x deposit + attorney's fees + costs |
| Attorney's Fees | Yes - M.G.L. c. 186 Section 15B(7) |
| Small Claims Limit | $7,000 |
MASSACHUSETTS-SPECIFIC PRACTICE NOTES
[ ] Strict Liability Statute: Massachusetts security deposit law is one of the strictest in the nation. ANY violation triggers treble damages - bad faith is NOT required.
[ ] Statement of Condition: Failure to provide a statement of condition within 10 days may forfeit the right to claim any deductions for damage.
[ ] Interest Required: Landlords must pay 5% annual interest or the actual bank interest rate (whichever is less).
[ ] Receipt Required: Failure to provide a receipt within 30 days may entitle tenant to immediate return of the deposit.
[ ] Separate Account: The deposit must be held in a separate, interest-bearing account in a Massachusetts bank.
[ ] Last Month's Rent: Last month's rent is treated separately and also requires interest payments.
[ ] Housing Court: Consider filing in Housing Court, which has expertise in landlord-tenant matters.
[ ] Boston Specific: Boston has additional local tenant protections. Check city ordinances.
[ ] Attorney General Resources: The Massachusetts AG's office has published guides on security deposit law.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Massachusetts attorney before use.