Can I use my tenant’s security deposit for unpaid rent? -- John, Harvard How long does my landlord have to return my security deposit? -- Thomas, Ayer
 
As long as the landlord has followed all of the many legal requirements for taking, holding, and using a security deposit (such as providing a statement of condition at the beginning of the tenancy), Massachusetts General Laws Chapter 186, Section 15B(4) allows him to use the tenant’s security deposit for: (1) any unpaid rent not lawfully withheld; (2) unpaid increases in real estate taxes the tenant is required to pay under a valid tax escalator clause in the lease; and (3) any reasonable amount necessary to repair damage to the apartment caused by the tenant or their pets or guests (normal wear and tear in an apartment is not a deductible item). The landlord has thirty days from the termination of the tenancy or from the day the tenant vacates the apartment to return the security deposit or any remaining balance along with an itemized list of damages. Any landlord who takes or keeps a security deposit should study Chapter 186, Section 15B very carefully.  (Submitted by the Editor)