Having a landlord who has collected a security deposit can add a layer of stress to the moving-out process in a rental property. By following these 10 essential tips, you can equip yourself with the necessary knowledge to safeguard your rights under Massachusetts law and make a significant difference in the outcome of your security deposit return.
So, before you start packing up your belongings, take the time to familiarize yourself with this critical knowledge and help make your move-out process as smooth as possible.
When it comes to protecting your security deposit, documentation is key. Before you move out, make sure you have a copy of the following, if you received them:
Gather these documents in a safe place—a Google Drive or a separate folder on your computer are great places to start. By documenting everything, you have a better chance of successfully disputing any unwarranted charges or deductions from your security deposit.
If you are sharing an apartment with roommates, it's important to document how the security deposit is split among all tenants. This can help avoid any confusion or disputes when it comes time to get your deposit back.
Send your landlord an email or letter explaining who paid what—and what amounts you are each expecting to get back.
Did you pay any non-refundable fees when moving in, like a hold deposit or move-in fee? Though brokers may charge application and broker fees, landlords cannot charge fees outside of what is allowed under Massachusetts law:
If you review your lease and find any other charges besides those outlined above, document them and consult with an attorney to find out if you can recoup these fees as well as your security deposit.
"Broom clean condition" does not mean you need to hire a professional for deep cleaning, but it does mean you need to remove any personal belongings and debris, as well as ensure all surfaces are clean. To maximize the chances of getting your full security deposit back, it's important to leave the apartment in a clean and tidy condition.
While the landlord is allowed to deduct for damages caused by tenants, they cannot deduct for regular wear and tear. Tasks such as additional cleaning, painting, or fixing minor wall imperfections that your landlord carries out are generally categorized as normal wear and tear and should not typically result in deductions from your security deposit.
Just as you documented the condition of the apartment when you moved in, it's equally important to document the condition when you move out. Take comprehensive photos or videos of each room to provide evidence of the apartment's condition upon your departure.
Make sure to capture any existing damages or issues that were not present when you moved in. Even if you didn't record the conditions at move-in, photographic evidence from when you move out can still help serve as proof if any disputes arise regarding damages or cleaning issues.
Before officially vacating the apartment, request a walkthrough with your landlord or property manager, and request permission to videotape it. This allows you to potentially resolve any issues with the security deposit later on.
During the walkthrough, do not agree to any deductions on the spot. The landlord is required to provide you with an itemized receipt signed under the penalty of perjury for any repair charges, and you still have the right to contest those charges if you don’t agree with them.
Notify your landlord as soon as you vacate, including your forwarding address, in a written medium like text or email. This will create a record that you vacated the premises on a certain date and starts the clock on when the landlord must return the security deposit to you.
In Massachusetts, your landlord must send you a statement signed under the penalty of perjury, with receipts, within 30 days of the termination of your tenancy. If they fail to return the security deposit or send you a proper statement, you may be entitled to treble damages (meaning three times your security deposit).
Set a date on your calendar for thirty days after you move out. If the landlord fails to give you your security deposit or itemized statement before this deadline, you may be entitled to treble damages.
If your landlord failed to deposit your security deposit into an interest-bearing bank account—or if your landlord deposited it and failed to give you a proper security deposit receipt—the landlord has forfeited the right to deduct from your security deposit. If this is the case, you are entitled to the immediate demand of the security deposit, plus applicable interest.
Be advised—although the landlord is not entitled to deduct from your security deposit if they failed to comply with the law—you may still be liable for unpaid rent, water and sewage charges, or the costs of intentional damage to the apartment.
If your landlord has failed to return your deposit within thirty days, made deductions you don’t agree with, or is threatening you with additional damages, consult an attorney before taking any action. Our law office can review your case for free to determine whether you are eligible for the security deposit contingency program.