Moving into a new apartment in Massachusetts often involves paying a security deposit to your landlord. Before you step into your new space, here are some essential tips to increase your chances of receiving your security deposit back.
By law, your landlord is only allowed to request a security deposit equivalent to the first month's rent. If you were asked to pay more, such as two months' rent or non-refundable move-in fees (e.g., application fees or hold deposits), these additional charges could be unlawful and may entitle you to a refund.
Note: there are certain exceptions for broker’s fees, which may be charged when you move in. Reach out to us for a free consult if you think you may have overpaid when moving in.
At Clifford Law Boston, we always recommend you pay your security deposit through an easily trackable method, such as a check or money order. Using checks is highly recommended as it allows you to easily trace the canceled check with your bank for record-keeping purposes. Money orders can be helpful, but make sure you have a photo of the receipt in case you lose it.
If you pay cash—which we don’t recommend—make sure you get a written receipt from your landlord that clearly outlines the amount as well as what the money was paid for.
Review your lease to confirm that it accurately reflects the security deposit amount you paid. Make sure that your landlord has also signed the lease and watch out for any red flags, such as hidden clauses like a hefty $900 cleaning fee that applies upon your departure.
To prevent any potential disputes regarding security deposit damages, it is crucial to thoroughly inspect the apartment before moving in and document the condition. Capture photos and videos of the space, focusing on any areas that require attention or show signs of damage.
Your landlord is required to provide you with an apartment condition inspection form upon receipt of a security deposit or within 10 days after the tenancy begins, whichever is later. During your inspection, note potential areas of concern and return this to your landlord within 15 days after moving in. Make a copy of this form for your records.
This is extremely important, as if a dispute arises later, landlords are NOT allowed to deduct for repairs on items that you previously noted in this form. The completed form, coupled with the photos and videos you take during move-in, will best prepare you to argue against any potential deductions the landlord may try to claim when you move out.
Landlords are required to deposit your security deposit in an interest-bearing bank account. They are also required to provide you with a receipt that tells you where this security deposit is being held, and it must contain certain information, such as the bank account number.
If the landlord does not properly conform with these requirements, you are entitled to the immediate return of your security deposit, even if you are still residing in the apartment. We recognize that not everyone may want to immediately raise issues with their landlord upon moving in, though.
Note, in this situation, your landlord also forfeits the right to deduct from your security deposit. However, you are still liable for any intentional damage done to the apartment when you move out, even if you received your security deposit back while you were still residing in the unit.
We suggest organizing these documents in a dedicated folder on your computer or in the cloud for easy access. Retrieving older photos from your phone can be a hassle or they might get accidentally deleted, so storing them securely ensures a stress-free experience later on. Taking a few moments to create a folder and back up your documents is a small effort for peace of mind.
If you notice any maintenance issues in your apartment, make sure to promptly inform your landlord. If you discuss the matter in person or over the phone, follow up with an email summarizing the conversation and any agreements reached. This way, you'll have a written record of the discussion for future reference.
Check your lease to ensure that you’re aware of your obligations when you plan to vacate. Some leases renew automatically; others require you to provide notice. If you decide to move at the end of your lease, you may be required to provide 60 or even 90 days’ worth of notice. Be mindful of these timelines and mark them in your calendar to avoid any surprises when informing your landlord of your moving plans. Failure to give timely notice could result in the landlord retaining your security deposit, so be proactive and keep track of important dates.
Annually, your landlord must either pay you the interest that accrued on the security deposit (usually a few dollars) or apply it as a rent credit.
If you also paid last month’s rent, your landlord must also deposit this into a bank account. Currently, it’s unclear whether the landlord is required to pay interest on last month’s rent.
If you're unsure of any terms in your lease, believe your landlord isn't complying with the law or have any other security deposit concerns, consult an attorney before taking any action. Our law office can provide a free consult to help you understand your rights.