Massachusetts affords tenants significant legal protection regarding the security deposit paid to a landlord at the commencement of a tenancy. Although landlords may interpret the security deposit statute as draconian, it does not change the fact that landlord’s must be judicious in precisely following the statute once they have the tenant’s security deposit on hand.
As a Landlord in the Commonwealth of Massachusetts, it is important to be cognizant of Fair Housing Laws as they relate to discrimination and the implementation of reasonable accommodations and/or reasonable modifications. Fair Housing laws prohibit discrimination on grounds of disability, and also requires Landlords to allow an individual with a disability equal use and enjoyment of their Unit. Under Fair Housing Laws, an individual with a disability is one who possesses a physical or mental impairment that substantially limits one or more major life activities, who is regarded as having such an impairment, or with a record of such impairment. As such, a reasonable accommodation can often times be required in order for such a resident to use and enjoy their housing equally to a resident who does not possess such disability.
Holding Deposits in Massachusetts
Security Deposits
Granting Reasonable Accommodations and/or Reasonable Modifications in the Commonwealth
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