Giving a security deposit has long felt like a gamble for Massachusetts renters. Two former tenants sued for what they considered to be improper deductions made by their prior landlord from their security deposit. Recently, the highest court in Massachusetts, the Supreme Judicial Court made it clear that many deductions that are routinely made by landlords are improper.
Peebles v. JRK Property Holdings, Inc., & others (SJC-13702).
The case garnered attention from both the landlord and tenant perspectives, with amicus briefs from the Greater Boston Real Estate Board representing real estate professional perspectives the Community Action Agency of Somerville representing tenant perspectives, and the Attorney General representing their position. Here are some key points to take away from this case.
IS IT DAMAGE OR REASONABLE WEAR AND TEAR?
The Massachusetts security deposit statute, G. L. c. 186, § 15B(4)(iii), says that a landlord can make deductions for damage, but not for reasonable wear and tear. On a case-by-case basis, it can be difficult to decide. The SJC provided some deciding factors between damage and reasonable use of a space:
- Condition of the premises when lease began
- Cause of the damage
- Nature of the damage
- How the tenant used the premises
- Length of tenancy
- Expected deterioration based on the length of tenancy
And then, gave some illustrative examples, saying that living in the same premises for an extended period means it’s likely that there will be gradual deterioration of the property, and landlords should expect some reasonable damage to a space after a tenant’s use. The longer a tenant stays, the more likely deterioration would be.
The SJC reasoned that tenants are expected to walk around, cook, bathe, and use appliances and said it is not proper for a landlord to deduct for normal use of a property, giving several examples of what can’t be deducted from your security deposit:
- Scuffing on floors, walls
- Marking on doors
- Staining and “other signs of wear” on carpets
- Scuffing of any other usable surfaces
LEASES CAN’T REQUIRE CLEANING FEES
The SJC made it clear that lease terms that require a professional cleaning service requirement upon move out, are unenforceable. Any lease provision requiring a tenant to do so would be a violation of the security deposit statute. Tenants are expected to return the unit in a reasonable condition, but not to have to pay for professional cleaning services.
If you’re a landlord or tenant and unsure about whether a security deposit deduction is lawful, consult with an attorney before taking any action.
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October 25, 2025
