Massachusetts Security Deposit Damage Deductions: What Documentation Is Required?

A repair bill does not establish a lawful deduction

A landlord may have incurred repair costs without having a right to charge them against a residential tenant’s security deposit. The question is whether the damage, amount, and documentation satisfy Massachusetts General Laws chapter 186, section 15B(4). This article addresses damage deductions, rather than the full set of collection, interest, and account rules.

The statute permits “a reasonable amount necessary to repair any damage caused” by the tenant, a person under the tenant’s control, or someone on the premises with the tenant’s consent. It expressly adds “reasonable wear and tear excluded”. Responsibility for the condition and the reasonable repair cost therefore both matter.

A charge described as painting or carpet cleaning is not automatically lawful or automatically prohibited. The initial condition, length of occupancy, use of the property, maintenance history, and cause of the damage may require closer examination. Borderline conditions can involve special circumstances and legal interpretation, so a qualified attorney should assess an actual dispute rather than relying on the name of a repair item alone.

Previously documented damage also needs separate treatment. Section 15B(4) generally prohibits deducting for damage listed in the initial statement of condition or an agreed supplemental list, unless it was repaired and the landlord can prove that “the renewed damage was unrelated to the prior damage” and caused by the tenant or the other people specified in the statute. Move-in, repair, and move-out records should therefore address the same area of the property.

The itemization and cost evidence serve different purposes

For a damage deduction, section 15B(4) requires the landlord to provide, within the statutory thirty-day period, “an itemized list of damages, sworn to by the lessor or his agent under pains and penalties of perjury”. The itemization must describe the damage and necessary repairs in precise detail. A signed total charge, without the required sworn detail, does not necessarily satisfy that obligation.

The statute separately calls for “written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof”. Estimates are expressly included. It would therefore be inaccurate to state that every repair must already have been completed and paid for before supporting documentation can be supplied.

At the same time, a general renovation estimate does not explain which work addresses tenant-caused damage. The documents should connect the particular condition to the necessary repair and corresponding actual or estimated cost. An invoice answers what was billed; it does not, by itself, answer who caused the condition or whether ordinary wear has been excluded.

The timing also matters. A document assembled after the deadline should not simply be treated as having fulfilled a requirement to provide it within thirty days. The relevant end date and the record of delivery must be established from the tenancy and communications, not assumed from whichever date is most convenient.

Document failures and monetary remedies are distinct questions

Section 15B(6)(b) identifies failure to provide a compliant damage list within thirty days as a ground for forfeiting the right to retain the deposit. Section 15B(7), however, expressly names only “clauses (a), (d), or (e) of subsection 6” when describing its treble-damages remedy. A defective list should not be described as automatically producing the same damages in every case.

That distinction does not authorize keeping money after the right to retain it has been lost. It means that return obligations, unauthorized charges, and any additional remedy must be examined separately. Special circumstances may affect the outcome and require professional assessment.

Both parties should preserve the lease, condition statements, dated photographs, repair communications, itemization, cost documents, and delivery records. Those materials allow the specific statutory obligations to be compared with what actually occurred, without presuming that either party is necessarily responsible.

Legal Disclaimer. Originally published: 10/12/2026. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.