Security Deposit Withholding Letter and Statement

If you withhold funds from a security deposit, you must indicate why and if necessary itemize. This statement is one way to do it. You will need to customize it to suit. Best practice is to give the statement with the cover letter provided (edit the letter and the statement before sending!).

Very important: Read and follow the entire security deposit law before withholding, especially:

  • Sign any withholding statement "under the pains and penalties of perjury";
  • Provide receipts and evidence for the withholding;
  • Don't withhold for anything that was damaged at move-in; if you didn't issue a signed conditions statement at the start of the tenancy, you cannot withhold; and
  • Do not withhold for rent or water that was validly withheld by the renter (make sure you were in full compliance with code).

Latest Version: 7 & 3

Letter Revisions

  • v7
    • Updated to match statement and put "pains and penalties" signature line on the actual statement.
  • v6
    • (internal only)
  • v5
    • Initial Version

Statement Revisions

  • v3
    • Initial Version

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Sample of Massachusetts tenancy at will rental agreement

MassLandlords is a nonprofit dedicated to helping owners rent their property. We try our best, but we can't guarantee these forms will always work. We provide legal information but never advice particular to your situation. Nothing on this site is meant to create an attorney-client relationship. We advise you consult with an attorney.

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