Legal Question in Landlord & Tenant Law in Massachusetts

I live in mass. I am looking into renting an apartment for $1495 monthly. The lease states there is a non refundable security deposit for $750 yr. I always thought security deposits were returned if no damage other than normal wear and tear. Can they legally keep my security deposit if I leave the unit in the same condition as when I moved in?

Asked on 12/06/16, 6:19 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Massachusetts does not allow non-refundable security deposits in residential property. Even if the tenant agrees, there can not be a non-refundable security deposit. A security deposit may not be retained by the landlord if the tenant vacates the apartment with only normal wear and tear. You may want to talk to the landlord about what this clause means before you proceed.

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Answered on 12/07/16, 9:21 am

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