Can Landlords Ask for First, Last, and Security in Massachusetts?

Yes. In Massachusetts, a landlord can ask for first month’s rent, last month’s rent, and a security deposit before you move in. Those three payments, plus the actual cost of a new lock and key, are the only charges the law allows at the start of a tenancy.¹ Anything else a landlord tries to collect at move-in is illegal, and the penalties for getting it wrong are steep.

The Only Four Charges a Landlord Can Collect at Move-In

Massachusetts caps lawful move-in charges at exactly four items:

First month’s rent
Last month’s rent, at the same rate as the first month
A security deposit, which cannot exceed one month’s rent
The actual cost of purchasing and installing a new lock and key

The list is exhaustive. Application fees, pet deposits, move-in fees, cleaning fees, administrative fees, and amenity fees are all prohibited.² In Hermida v. Archstone, 826 F. Supp. 2d 380 (D. Mass. 2011), a federal court held that even “amenity use fees” charged at move-in violated the security deposit statute, which led to a class-action settlement against the landlord.³ Renaming a prohibited fee doesn’t save it.

A landlord doesn’t have to collect all four. Many skip last month’s rent. Some skip the security deposit. But they cannot swap in a different charge instead.

Broker’s Fees After August 2025

One cost that used to land on tenants no longer can. As of August 1, 2025, a landlord cannot require a tenant to pay a broker’s fee for a broker the landlord hired. If the landlord arranged the broker, the landlord pays the fee. A broker may charge the tenant only when the tenant independently hired that broker to represent the tenant exclusively in dealings with a prospective landlord.⁴

There are no exceptions. A landlord who passes the fee through anyway faces a penalty of up to three times the amount charged, plus attorney’s fees, and the broker risks license revocation.⁴

What the Landlord Must Do With Your Security Deposit

Collecting a security deposit comes with obligations that start the moment the money changes hands. A landlord who takes a deposit has to place it in a separate, interest-bearing bank account located in Massachusetts, structured so the money stays beyond the reach of the landlord’s creditors in a foreclosure or bankruptcy.¹

Within 30 days of receiving the deposit, the landlord must give you a receipt that lists the bank’s name and location, the account number, and the deposit amount.² If the landlord skips the proper bank account, you are entitled to an immediate return of the full deposit. You do not need to show any harm. In Castenholz v. Caira, 21 Mass. App. Ct. 758 (1986), the court ordered treble damages against a landlord who never put a $400 deposit in a proper escrow account.⁵

Receipts for Deposit and Last Month’s Rent

Any security deposit receipt must show the amount, the date, the name of the person receiving the money, and a description of the unit, and it must be signed by whoever collected the deposit. A last month’s rent receipt has to show the amount paid, the date, that the purpose was rent for the last month of the tenancy, the name of the person who received it, and a description of the unit. If an agent collected the payment, the landlord’s name goes on the receipt too.²

The Condition Statement

When a landlord takes a security deposit, they also have to give you a written description of the unit’s condition. The deadline is 10 days after the tenancy begins or upon receipt of the deposit, whichever comes later.¹ You then have 15 days to review it and add anything the landlord missed. If the landlord never provides a condition statement, they lose the right to deduct anything from your deposit for damage, no matter what the unit actually looks like at move-out.²

Take the document seriously. Photograph the unit at move-in, compare it to the landlord’s description, and note every chip, scuff, or crack within the 15-day window. It can save you hundreds at the end of the lease.

Interest You’re Owed Each Year

Landlords owe tenants annual interest on both the security deposit and last month’s rent. The rate is 5% per year or the actual interest the account earned, whichever is less.² Most savings accounts today earn well under 5%, so the actual rate usually governs. If the landlord doesn’t pay the interest, you can deduct the exact amount owed from your next rent payment. Nothing more.

Getting Your Deposit Back

After you move out, the landlord has 30 days to return the security deposit or send a written, itemized list of deductions with receipts or repair estimates for each item.¹ Only three types of deductions are allowed:

Unpaid rent you still owed when you left
Damage beyond normal wear and tear — holes in walls or a shattered window, not faded paint or carpet worn by years of ordinary use
Unpaid real estate tax increases, and only if the lease specifically required you to pay a share of them

The Massachusetts Supreme Judicial Court confirmed in Peebles v. JRK Property Holdings (2025) that whether something counts as normal wear and tear is fact-specific, and the statute does not permit deductions for it. If the landlord misses the 30-day deadline for either the itemized list or the return of the deposit, they forfeit the right to keep any part of it.²

What Happens When a Landlord Breaks These Rules

Massachusetts gives tenants two separate penalty tracks, and they can stack.

Triple Damages Under the Deposit Statute

The security deposit statute itself triggers triple damages when a landlord:

Fails to place the deposit in a proper bank account
Fails to return the deposit, or the balance owed, within 30 days after you move out
Fails to transfer the deposit to a new owner when the property changes hands

For any of these, you’re entitled to three times the deposit amount, 5% annual interest from the date the payment was due, court costs, and reasonable attorney’s fees.² On a $2,000 deposit, that’s $6,000 before interest and legal fees.

Not every violation of the deposit law carries triple damages. In Phillips v. Equity Residential Management, 478 Mass. 251 (2017), the Supreme Judicial Court held that treble damages apply only to the specific failures listed in the statute’s penalty subsection. Other violations, like a missing condition statement or an incomplete receipt, generally cost the landlord the right to retain the deposit rather than triggering the triple-damage penalty.

In Taylor v. Beaudry, 75 Mass. App. Ct. 411 (2009), the Appeals Court upheld treble damages against a landlord who violated the statute, confirming that the penalty can apply even when the landlord eventually returns the deposit after the 30-day window.

The Consumer Protection Act

Separately, Massachusetts General Laws Chapter 93A lets tenants sue landlords for unfair or deceptive rental practices. A willful or knowing violation can bring two to three times actual damages, plus attorney’s fees.⁶ Charging prohibited move-in fees or deliberately withholding a deposit are the kinds of conduct courts have treated as 93A violations.

Before filing a 93A claim, you must send the landlord a written demand letter at least 30 days before suit. The letter should identify you, describe the unfair practice, and explain the harm. If the landlord makes a reasonable settlement offer within those 30 days and you reject it, the court can cap your recovery at the amount offered.⁶

How to Push Back on an Illegal Charge

Start with a written request citing Mass. Gen. Laws ch. 186, §15B. Many landlords genuinely don’t know the rules, and a clear letter resolves the problem more often than you’d expect. Keep a copy; it becomes evidence if things escalate.

If the landlord ignores you, several forums are open:

Small claims court handles disputes up to $7,000, covers most deposit cases, moves quickly, and does not require a lawyer.
The Massachusetts Housing Court hears residential disputes including security deposit claims and related civil actions.⁷
District Court or Superior Court can take larger claims and 93A cases.
The Massachusetts Attorney General’s Office accepts consumer complaints about rental practices.

One boundary worth knowing: the four-charge limit covers everything a landlord can demand upfront, but it doesn’t override federal fair housing protections for assistance animals. Even in states that allow pet deposits, the Fair Housing Act prohibits charging any deposit or fee for a verified service animal or emotional support animal. You remain responsible for any damage the animal actually causes, but a landlord cannot collect money upfront based on the animal’s presence.

1
General Court of Massachusetts. Massachusetts General Laws Chapter 186 Section 15B
2
Mass.gov. Massachusetts Code c186 15B – Entrance of Premises Prior to Termination of Lease
3
govinfo. United States Court of Appeals for the First Circuit – Heien v. Archstone
4
Mass.gov. Frequently Asked Questions About Residential Rental Broker’s Fees
5
Justia. Castenholz v. Caira, 21 Mass App Ct 758
6
General Court of Massachusetts. Massachusetts General Laws Chapter 93A Section 9
7
Mass.gov. About the Housing Court