Your Landlord's Responsibilities
Notas finales
If your landlord charges you a security deposit, last month’s rent or both, she must:
- Give you written receipts.
- Give you a statement that describes the condition of your apartment, if she takes a security deposit.7
- Keep your security deposit in a separate bank account.
- Pay you interest every year on both your security deposit and last month’s rent.8
- Keep records of security deposits and repairs.9
- Return your security deposit to you at the end of your tenancy if there is no damage and your rent is paid.
- Return your security deposit to you if she fails to follow the security deposit law.
Endnotes
7 . In Tringali v. O’Leary, No. 15-ADMS-1003, Appellate Division of the District Court Department Northern Division (June 30, 2105) the court found that the landlord had violated the provision of the security deposit law that required the landlord to provide the tenant with a written statement of conditions at the inception of the tenancy and had failed to provide the tenant with annual interest on her security deposit. Citing G.L. c. 239, 8A, the court also held that the lower court erred in awarding possession to the landlord where the tenant obtained a money judgment in an amount greater than what the landlord owed her.
8 . See Tringali v. O’Leary in endnote 7, where landlord failed to provide the tenant with annual interest on her security deposit.
10 . G.L. c. 186, § 15B(2)(a) and (b).
11 . G.L. c. 186, § 15B(3)(a).
12 . Security Deposit: G.L. c. 186, §15B(3)(b). Last Month’s Rent: G.L. c. 186, §15B(2)(a). This section requires interest to be paid no matter how long you remain as a tenant. Interest does not accrue during the last month of your tenancy.
13 . G.L. c. 186, § 15B(2)(c).
14 . 940 C.M.R. §3.17(4)(e). Because the landlord's right to take a security deposit is conditioned on providing the Statement of Condition, G.L. c. 186, §15B(1)(b)(iii), you may demand the deposit back if the landlord does not comply. However, most tenants will choose as a tactical matter not to make this a bone of contention at the very beginning of a tenancy. While the security deposit statute does not state a specific penalty for this particular violation, such is a violation of M.G.L. c. 93A. See Attorney General’s Consumer Protection Regulations 940 CMR 3.17 (4)(e) if the landlord is in the trade or commerce of renting residential property and therefore subject to damages of the greater of actual damages or $25.00.
15 . G.L. c. 186, § 15B(1)(e).
16 . G.L. c. 186 §15B(1)(e), (3)(a). Placing the money in an out-of-state bank does not conform to the statute. Taylor v. Burke, 69 Mass. App. Ct. 77, 86 (2007). “[P]rovisions are designed to recognize the ownership of the deposit by the tenant and the landlord’s duty to hold the monies in trust.” Id. at 84.
17 . G.L. c. 186, §15B(1)(e), (3)(a). See also Neihaus v. Maxwell, 54 Mass App Ct 558 (2002), 560-61, where landlord’s method of holding security deposits for all of tenants in a single account in Massachusetts separately designated as a “Security Deposit Account” did not violate the security deposit law. “The security deposit provisions of G.L. c. 186, § 15B, are designed to insure that tenant monies are protected from potential diversion to the personal use of the landlord, earn interest for the tenant, and are kept from the reach of the landlord's creditors.” Karaa v. Kuk Yim, , 86 Mass. App. Ct. 714 (2014) further found that the failure of tenants to provide a Social Security number did not preclude the landlord from establishing a separate account in compliance with §15B.
18 . G.L. c. 186, §15B(7). The tenant is entitled to an award by the court of treble damages for this violation. The penalty is not discretionary. The tenant does not need to prove that the landlord acted in bad faith or that the tenant lost money because of the landlord's actions. Mellor v. Berman, 390 Mass. 275, 283 (1983). Note: Not all violations of G.L. c. 186, §15B provide for triple damages.
20 . Security Deposit: G.L. c. 186, §15B(3)(b). The statute leaves some question as to whether any interest is payable if you stay in the rental unit less than a year. Last Month’s Rent:G.L. c. 186, §15B(2)(a).
23 . G.L. c. 186, §15B(3)(b) and G.L. c. 186, §15B(7). Tanella v. Hesson, 1995 Mass. App. Div. 170 (1995).
24 . G.L. c. 186, §15B(2)(d). Any landlord who accepts a security deposit must keep a written record of all deposits she has received from current tenants and from former tenants for two years after their tenancies end.
27 . G.L. c. 186 §15B(4), (6)(e).
28 . G.L. c. 186, § 15B(3)(a); (6)(a).