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  1. #1
    Join Date
    Sep 2016
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    Default Can a Lease Require a Non-Refundable Security Deposit

    A prospective tenant is considering renting an apartment in Massachusetts. The lease for the apartment contains a provision that the tenant shall pay a $750 non-refundable security deposit in each year of tenancy. Is that permitted?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can a Lease Require a Non-Refundable Security Deposit

    No, it is not. In Massachusetts, any security deposit is refundable and that cannot be changed by the terms of the lease. If the language is unclear, the tenant may want to seek clarification from the prospective landlord. If the landlord insists upon charging the fee, the tenant should consider renting elsewhere, as it can be difficult to rent from a landlord who is an amateur.

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