Key points

  • In the last 30 days of a tenancy a lease may let the owner enter to inspect for damage. Walk through then, so repairs can be booked before the unit is empty.
  • The deposit, or the balance, goes back within 30 days after the tenancy ends. Damage deductions need a sworn, itemized list and written evidence of cost; normal wear and tear cannot be charged.
  • Before the next tenant moves in, the Sanitary Code requires the owner to inspect the unit for pests and document what was found and done.
  • Re-key, test the smoke and CO alarms, and if you take a deposit, give the new tenant a statement of condition within 10 days.

Before the tenant leaves

Confirm the move-out date and time in writing, and ask for a forwarding address for the deposit. If utilities are in the tenant’s name, remind them to stop service as of the move-out date; if they are in yours, plan meter readings for that day.

The security deposit law allows a lease to let the owner enter in the last 30 days of the tenancy, or after either side has given notice to end it, to inspect for damage that could be charged against the deposit. Use that visit to see what needs work and to book contractors for the days right after move-out.

Tell the tenant plainly what “clean” means. The working standard is to leave the unit the way it was received: belongings and trash removed, the stove and refrigerator wiped out, floors swept. A professional deep clean is not the usual expectation unless the lease says so.

Returning the deposit

The owner must return the security deposit, or whatever balance remains, within 30 days after the tenancy ends, with any interest owed. The law allows only three kinds of deduction: unpaid rent or water charges not validly withheld, an unpaid real estate tax increase under a valid tax escalation clause, and the reasonable cost of repairing damage caused by the tenant or their guests, with normal wear and tear excluded.

For damage, the owner must send within the same 30 days an itemized list sworn under the pains and penalties of perjury, describing each item and the repair, with written evidence of cost such as estimates, bills or receipts. Damage listed on the statement of condition at move-in cannot be deducted, unless the owner later repaired it and can prove the new damage is unrelated to the earlier damage. Mistakes in these steps can cost the owner the right to keep any part of the deposit and, in some cases, three times the deposit plus costs.

Decide whether a small item is worth charging. A scuff that a handyman already on site can fix in minutes is rarely worth a sworn list and a dispute. Save deductions for real damage you can document.

The turnover window

Between tenants is the cheapest time to work in the unit. Batch the repairs from the inspection with anything noted during the year: paint touch-ups, caulking, worn hardware, appliance service. If you plan to remove owner-installed optional equipment, such as an old air conditioner, the code allows that only now, while the unit is vacant or before the new tenancy starts.

The Sanitary Code requires the owner to inspect each unit for pests before a new occupancy and to keep documented results: monitoring, entry points sealed, repairs made, where any pesticide was applied and by whom, and the date and result of a follow-up inspection. The board of health can ask to see those records.

Some owners clean the areas that cause the most disputes, such as the oven, the refrigerator and bathroom grout, before the new tenant arrives, even after a reasonable move-out. It costs little and sets a clear standard for the next move-out.

Keys, alarms and lead

Re-key or change the cylinders between tenants. If you do not have an original key for a lock, change the lock rather than copying a copy. In a condominium, ask the association for building entry and mailbox keys before the move-in date. The code requires the owner to give the tenant keys to the main entry, the unit and the common areas the unit uses.

The owner must provide and maintain working smoke and carbon monoxide alarms as state fire and building codes require. Test every alarm, check the manufacture or expiration dates, and replace batteries before the new tenant arrives. Ask the local fire department whether it has any requirement at a change of tenancy.

For a home built before 1978, give the federal lead disclosure before each new lease is signed, unless a federal exemption applies. If a child under six will live in the unit, the state lead law applies. The landlord compliance checklist covers both.

Setting up the next tenancy

If you take a security deposit from the new tenant, give them a written statement of the unit’s condition when you receive the deposit or within 10 days after the tenancy begins, whichever is later. The tenant has 15 days from receiving it or from moving in, whichever is later, to return it with their own notes, and you have 15 days to sign it or send a statement of disagreement. Take dated photos on the same day.

In Boston, rental units must be registered with the city every year, including units that are vacant or being renovated. Confirm the utility start and stop dates so there is no gap in heat in winter; a vacant unit with the heat off risks frozen pipes.

In a condominium, check the association’s rules on scheduling moves and on filing a copy of the lease, and book the move times early if the turnover falls near June 30 or August 31.

General information for owners renting out a home in Massachusetts, current as of the date shown. It is not legal advice; deposit mistakes are costly, so follow the statute closely.