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 upfront charges the law permits.¹ Anything else a landlord tries to collect at signing is illegal, and the penalties for breaking the rule are steep.

The Only Four Charges Allowed at Move-In

Massachusetts caps move-in charges at exactly four items:

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

The security deposit is capped at one month’s rent. The last month’s rent charge is exactly that — rent — and must match the first month’s amount, not a bumped-up figure the landlord expects to charge later in the lease.²

A landlord doesn’t have to collect all four. Some skip last month’s rent. Some skip the deposit. What they cannot do is add anything else.

What Landlords Cannot Charge

Application fees, pet deposits, move-in fees, cleaning fees, administrative fees, and any other upfront charge a landlord invents are illegal in Massachusetts.² Renaming a prohibited fee doesn’t rescue it. A federal court has treated even “amenity use fees” collected at move-in as illegal deposit charges.³

If you see a charge on a lease that isn’t rent, deposit, or lock-and-key, it doesn’t belong there. You can refuse to pay it, and if you already have, you can demand it back.

Broker’s Fees Since August 2025

A significant change took effect August 1, 2025. Landlords can no longer require tenants to pay a broker’s fee for a broker the landlord hired. If the landlord arranged the broker, the landlord pays. A tenant only owes a broker’s fee when the tenant independently hired that broker to work exclusively on the tenant’s behalf.⁴

There are no exceptions. A landlord who pushes their broker’s fee onto the tenant can be liable for up to three times the amount charged, plus attorney’s fees, and the broker risks losing their license.⁴ For Boston-area renters, this cuts what used to be a routine fifth month’s worth of upfront cost.

Rules a Landlord Must Follow if They Take the Deposit

If a landlord collects a security deposit, several requirements kick in. Miss any of them and the landlord may lose the right to keep the deposit at move-out, or may owe triple damages.

Bank Account and Receipt

The deposit must go into a separate, interest-bearing account at a Massachusetts bank, structured so the landlord’s creditors cannot reach it.¹ Within 30 days of receiving the deposit, the landlord must give the tenant a receipt showing the bank’s name and location, the account number, and the amount held.²

A separate receipt is required at the time of payment. It must show the amount, the date, the name of the person receiving the deposit, a description of the unit, and the signature of whoever collected it.²

The Condition Statement

When the landlord takes a deposit, they must give the tenant a written description of the unit’s condition within 10 days after the tenancy begins or upon receipt of the deposit, whichever is later.¹ The tenant then has 15 days to review it and note any disagreements.

Photograph the unit at move-in and compare it against the landlord’s list. A cracked tile, a scuffed floor, or a stained countertop noted in that 15-day window can save you hundreds when you move out. If the landlord never provides a condition statement at all, they forfeit the right to deduct anything from your deposit for damage, no matter what shape the unit is in when you leave.²

Annual Interest

The landlord owes you annual interest on the deposit at 5% per year or the actual rate the bank account earned, whichever is less.² With today’s savings rates, the actual earned rate usually applies. If the landlord doesn’t pay it, you can deduct the amount owed from your next rent payment. Only that amount, though — take more and you’re in default.

Rules for Last Month’s Rent

Last month’s rent is treated as a prepayment of rent, not a deposit, but two rules still apply. The landlord must give you a receipt when they collect it, showing the amount, the date, that it is rent for the last month of tenancy, the name of the person who took it, and a description of the unit. If an agent took the payment, the receipt must also list the landlord’s name.²

The landlord also owes annual interest on last month’s rent at the same 5%-or-actual rate as the deposit.²

Getting the Deposit Back

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

Unpaid rent you still owed when you left.
Damage beyond normal wear and tear. A punched-in wall or a shattered window counts. Faded paint and worn carpet from ordinary living do not.
Unpaid real estate tax increases, and only if the lease specifically required you to pay a share of them.

Miss the 30-day deadline for the itemized list, or fail to return an undisputed deposit within 30 days, and the landlord forfeits the right to keep any part of the deposit.²

Penalties When Landlords Break the Rules

Massachusetts imposes 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 move-out, or
Fails to transfer the deposit to a new owner when the property is sold.

For those violations, the tenant is entitled to three times the deposit, 5% annual interest from when the payment was due, court costs, and reasonable attorney’s fees.² On a $2,000 deposit, that’s $6,000 before interest and fees.

Other violations, like a missing condition statement or an incomplete receipt, typically cost the landlord the right to keep any of the deposit rather than triggering treble damages.

Separately, Massachusetts General Laws Chapter 93A lets tenants sue for unfair or deceptive rental practices. A willful or knowing violation exposes the landlord to two to three times the tenant’s actual damages plus attorney’s fees. Charging illegal move-in fees or knowingly withholding a deposit are the kinds of conduct courts have treated as 93A violations. A 93A claim requires a written demand letter sent at least 30 days before filing suit, describing the practice and the harm. If the landlord makes a reasonable settlement offer within those 30 days and you turn it down, the court can cap your recovery at the amount offered.⁵

What to Do If a Landlord Asks for More

Start with a written request citing Mass. Gen. Laws ch. 186, §15B. Many landlords don’t know the rules, and a clear letter often ends the dispute. Keep a copy either way.

If that doesn’t work, you have options:

Small claims court handles disputes up to $7,000, which covers most deposit fights. It’s informal, quick, and you don’t need a lawyer.
The Massachusetts Housing Court hears residential disputes including security deposit claims and code enforcement.⁶
District Court or Superior Court can hear larger claims and 93A cases.
The Massachusetts Attorney General’s Office takes complaints about rental practices under the consumer protection laws.

Before you sign, look at the lease carefully. If the total move-in demand is more than first, last, security, and lock-and-key, something on that list isn’t allowed to be there.

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
General Court of Massachusetts. Massachusetts General Laws Chapter 93A Section 9
6
Mass.gov. About the Housing Court