SECURITY DEPOSIT ITEMIZATION & ACCOUNTING LETTER
(M.G.L. ch. 186, § 15B Compliance)
[LANDLORD LETTERHEAD]
Date: [DATE]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
• “Landlord” or “Lessor”: [FULL LEGAL NAME], with a principal address at [ADDRESS].
• “Tenant” or “Lessee”: [FULL LEGAL NAME(S)], formerly occupying [PREMISES ADDRESS].
1.2 Recitals.
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”), for the Premises described above.
B. Tenant vacated the Premises on [TERMINATION DATE] (the “Termination Date”).
C. Pursuant to Mass. Gen. Laws ch. 186, § 15B(4)(iii), Landlord is required to provide a sworn, itemized statement of any lawful deductions from the Tenant’s security deposit within thirty (30) days after the Termination Date.
D. Landlord now delivers this Security Deposit Itemization & Accounting Letter (the “Letter”) in full satisfaction of that statutory obligation.
2. DEFINITIONS
“Deposit” – The security deposit of $[ORIGINAL DEPOSIT AMOUNT] (plus accrued interest) delivered by Tenant to Landlord under the Lease.
“Interest” – Statutory interest accrued on the Deposit through the Termination Date at the rate required by M.G.L. ch. 186, § 15B(3)(b)(i).
“Net Refund” – The amount of the Deposit (plus Interest) remaining after all Allowable Deductions, calculated in § 3.2 below.
“Allowable Deductions” – Lawful deductions permitted under M.G.L. ch. 186, § 15B(4), namely:
a. Unpaid rent;
b. Unpaid real-estate tax increases charged under a valid tax-escalation clause; and
c. The reasonable cost of repairing damage caused by Tenant or Tenant’s invitees, exclusive of reasonable wear and tear.
[// GUIDANCE: Add or remove defined terms as needed; ensure consistency throughout.]
3. OPERATIVE PROVISIONS
3.1 Itemized Statement of Allowable Deductions.
| # | Description of Charge | Statutory Category | Evidence (Receipt/Estimate) | Amount ($) |
|---|---|---|---|---|
| 1 | [e.g., Kitchen cabinet door replacement] | Damage | [Attach Receipt 1] | [$$] |
| 2 | [e.g., Unpaid rent for May 20XX] | Rent | [Lease Ledger] | [$$] |
| 3 | … | … | … | … |
| Total Allowable Deductions | $[TOTAL DEDUCTIONS] |
3.2 Deposit Accounting.
• Original Deposit: $[ORIGINAL DEPOSIT AMOUNT]
• Accrued Interest (to Termination Date): $[INTEREST AMOUNT]
• Less: Total Allowable Deductions (§ 3.1): ($[TOTAL DEDUCTIONS])
= Net Refund Due Tenant: $[NET REFUND]
[// GUIDANCE: If Net Refund is negative, Tenant owes balance to Landlord; adjust language accordingly.]
3.3 Method & Timing of Payment.
Landlord encloses herewith:
a. Check No. [CHECK #] in the amount of $[NET REFUND] payable to “[TENANT NAME]”; and
b. True and correct copies of all receipts, paid invoices, or good-faith estimates supporting each deduction listed above.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord’s Representations. Landlord hereby represents and warrants that:
a. The damages listed in § 3.1 were caused by Tenant or Tenant’s invitees and are not the result of reasonable wear and tear;
b. All supporting documentation provided is true, correct, and complete to the best of Landlord’s knowledge; and
c. This Letter constitutes a “sworn statement” within the meaning of M.G.L. ch. 186, § 15B(4)(iii).
4.2 Survival. The representations and warranties in this § 4 shall survive delivery of the Net Refund.
5. COVENANTS & RESTRICTIONS
5.1 Tenant’s Forwarding Address. Tenant shall promptly notify Landlord in writing of any change to the forwarding address listed below until all matters relating to the Deposit are finally resolved.
5.2 Use of Deducted Funds. Landlord shall apply deducted amounts solely to the purposes identified in § 3.1 and shall retain supporting documentation for at least two (2) years.
6. DEFAULT & REMEDIES
6.1 Dispute Notice. If Tenant contests any deduction, Tenant must deliver written notice stating the basis of dispute to Landlord at the address above within thirty (30) days after receipt of this Letter.
6.2 Cure Period. Within fifteen (15) days after Landlord’s receipt of a timely dispute notice, the parties shall confer in good faith to resolve the dispute.
6.3 Statutory Remedies Preserved. Nothing in this Letter limits Tenant’s rights—or Landlord’s defenses—under M.G.L. ch. 186, § 15B, including any statutory penalties, treble-damage provisions, or attorney-fee entitlements.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. Any liability of Landlord arising from the Deposit is limited to the statutory penalties expressly provided in M.G.L. ch. 186, § 15B.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Letter shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts.
8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the Massachusetts Housing Court, [NAME OF DIVISION] Division, for any action relating to this Letter.
8.3 Arbitration. Excluded.
8.4 Jury Waiver. Nothing herein shall be construed as a waiver of any constitutional right to a jury trial.
8.5 Injunctive Relief. The parties acknowledge that disputes under this Letter are compensable by money damages; injunctive relief is not anticipated.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Letter constitutes the entire statement of the Deposit accounting and supersedes all prior or contemporaneous communications on that subject.
9.2 Amendments & Waivers. Any amendment or waiver must be in a writing signed by both parties.
9.3 Assignment. Neither party may assign rights or obligations under this Letter without the other party’s prior written consent, except as required by law.
9.4 Severability. If any provision hereof is held invalid, the remaining provisions shall remain in full force and effect.
9.5 Counterparts; Electronic Signatures. This Letter may be executed in counterparts, each of which is deemed an original. Signatures delivered by PDF or other electronic means shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Letter under the pains and penalties of perjury this ___ day of ____, 20__.
LANDLORD (LESSOR):
[PRINT NAME & TITLE, if entity]
STATE/COMMONWEALTH OF ____
COUNTY OF ______
On this ___ day of _, 20_, before me, the undersigned notary public, personally appeared ________, proved to me through satisfactory evidence of identification to be the person whose name is signed above, and who acknowledged that (he/she) executed this Letter voluntarily for its stated purpose.
Notary Public
My Commission Expires: _______
TENANT (LESSEE) – Acknowledgment of Receipt (optional):
[PRINT NAME] | Date: _____
Forwarding Address for Refund/Notices:
[STREET]
[CITY, STATE ZIP]
[// GUIDANCE:
1. Attach all receipts, invoices, or estimates cited in § 3.1.
2. Deliver via certified mail, return receipt requested, on or before the 30-day statutory deadline.
3. Retain a complete copy of this Letter and mailing proof for your files for a minimum of two (2) years.
4. If no deductions are made, delete §§ 3.1–3.2 tables and state: “All of the Deposit, plus accrued interest in the amount of $___, is enclosed herein.”]