The Massachusetts Statement of Condition, the Bank Receipt and the Triple-Damages Penalty
A Massachusetts landlord must give a signed statement of condition in the first 10 days and a bank receipt in 30, and a tenant is awarded three times the deposit owed when it is not returned. Here is how each step works.
What is the statement of condition?
A landlord that accepts a deposit must, on receipt or within 10 days after the tenancy begins, whichever is later, give the tenant a separate written statement of the present condition of the premises, signed by the landlord, with a comprehensive listing of any damage then existing, including sanitary or building code violations, and a bold twelve-point notice at the top (G.L. c.186, 15B(2)(c)). The tenant should read it, add any damage in a separate signed list and return it within 15 days after receiving it or after moving in, whichever is later; a court may view a failure to return it as agreement that it is complete. The landlord must answer a tenant’s list within 15 days. The Massachusetts security deposit calculator shows the deadline for the end.
What must the receipt say?
A receipt for the deposit, signed, with the amount, the name of the person receiving it, the date and a description of the premises (15B(2)(b)); and within 30 days a receipt that shows the name and location of the bank, the amount and the account number (15B(3)(a)). If the landlord does not comply with the account requirement, the tenant is entitled to the immediate return of the deposit.
What is the penalty?
If the landlord fails to put the deposit in a proper account, to transfer it to a successor or to return the balance with interest in time, the tenant shall be awarded damages equal to three times the deposit or balance owed, plus 5% interest from the date it became due, plus court costs and reasonable attorney’s fees (15B(7)). On $1,800 owed that is $5,400 plus interest, costs and fees. The award is mandatory, not discretionary.
Why give a forwarding address?
The last-month’s-rent receipt must tell the tenant to give a forwarding address so the interest can be sent (15B(2)(a)), and the landlord can comply by mailing the refund, so a tenant should give a new address in writing and keep a copy. A written demand letter for the deposit, sent by a method that leaves a record, is also the usual first step.
What if the building is sold?
The seller must transfer the deposit with accrued interest to the buyer, and the buyer must notify the tenant in writing within 45 days; the seller stays liable until the transfer and notice are complete or the deposit is returned, and a buyer that did not receive it becomes liable (15B(5)).
Where do I sue?
In the housing court, district court or superior court that covers the property. Bring the lease, the receipt, the statement of condition, any sworn list with its envelope, your demand letter, photographs and a timeline. Ask the clerk and legal aid about the forms and fees.
A worked example of the penalty
A landlord never returns a $1,800 deposit and sends no list. The tenant sends a written demand and sues. The landlord forfeited the right to keep anything, so the court awards three times the $1,800, which is $5,400, plus 5% interest from the date the payment was due, plus court costs and reasonable attorney’s fees. The award is not left to the judge’s discretion once the failure is proved.
A checklist for moving in
Ask for the signed receipt; ask for the bank name, location and account number within 30 days; read the statement of condition and list every defect you see; sign and return it within 15 days with a separate signed list; and photograph the unit with a date.
What to bring to court
Bring the lease, the receipt, the statement of condition and your own list, any sworn list with its envelope, your demand letter, the photographs and a timeline with the date the tenancy ended and the date you gave your address.
Where to get help
The housing court clerk and legal aid can explain the forms, the filing fee and the hearing. Bring every notice and the dates.
Frequently asked questions
What is a statement of condition in Massachusetts?
A signed list of existing damage the landlord must give a new tenant, within 10 days.
How long does a tenant have to respond to it?
Fifteen days.
What is the penalty for wrongful withholding?
Three times the amount owed, plus 5% interest, costs and attorney’s fees.
Must the landlord give a bank receipt?
Yes, within 30 days, with the bank name, location and account number.
What if the landlord sells the building?
The deposit and interest must transfer, and the buyer must notify the tenant in 45 days.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.