Under Massachusetts law, a landlord must return your security deposit (or balance thereof) within 30 days after the termination of tenancy. Upon accepting a security deposit, the landlord must:

1. Provide a signed receipt to the tenant, which provides the landlord's name, a description of the leased premises, the amount of the deposit, and the name and location of the bank in which the money has been deposited;

2. Provide a statement of present condition of the rented premises, signed by the landlord, and including statutory notices to the tenant including the requirement that the tenant has 15 days from receipt to respond to the list with proposed corrections. The statement of condition must contain a comprehensive listing of any damage existing in the premises.

3. Deposit the money from the security deposit into a separate, interest-bearing account in a bank within Massachusetts; and

4. Maintain the proper records.

The landlord may deduct only for the following:

1. Any unpaid rent which has not been withheld validly or deducted in accordance with the law;

2. Any unpaid increase in real estate taxes if the tenant was obligated to pay those taxes under a valid tax escalator clause in the lease; and

3. A reasonable amount necessary to repair any damage caused by the tenant, any person under the control of the tenant, or any person on the premises with the consent of the tenant. Damage caused by pets may also be deducted. The tenant does not have to pay for ordinary wear and tear associated with normal use.

If the landlord asserts that the premises were damaged by the tenant, the landlord must provide the tenant with a detailed list of damages and the repairs necessitated by those damages within thirty days after the tenancy ends. The landlord or landlord's agent must swear to the accuracy of the list under the pains and penalties of perjury. The landlord or landlord's agent must also provide the tenant with written evidence indicating the actual or estimated cost of the repairs, such as estimates, bills, invoices, or receipts.

The tenant is entitled to the immediate return of a Massachusetts security deposit if the landlord:

1. Fails to make the security deposit records available for inspection during office hours;

2. Fails to provide the tenant, within 30 days of receipt of the security deposit, with a receipt with the name and location of the bank and the amount and account number of the deposit;

3. Makes deductions for damages yet fails to furnish the tenant with an itemized list of damages within thirty days after termination of tenancy; or

4. Uses a lease agreement which contain provisions conflicting with the security deposit law and either attempts to enforce the unlawful provisions or attempts to get the tenant to sign a waiver of rights.

Under the four listed circumstances, the landlord cannot keep a tenant's security deposit for any reason, including making deductions for damages.

Failure by the landlord:

1. To deposit the security deposit into a bank account;

2. To return the security deposit (or balance after lawful deductions) to the tenant with interest within 30 days after termination of tenancy; or

3. To transfer the security deposit or last month’s rent to a new landlord in the event that the premises are sold;

Will entitle the tenant to the immediate return of the security deposit and triple damages, plus court costs and reasonable attorney’s fees. Where the landlord has also held the "last month's rent", the tenant is also are entitled to triple damages, court costs and reasonable attorney’s fees if the landlord fails to pay interest on the last month’s rent within thirty days after termination of tenancy.

If the landlord failed to comply with the law, you may wish to consider a small claims action to recover the deposit and any damages that may be due.