Legal Questions & Answers

Can I Use My Tenant’s Security Deposit For Unpaid Rent?

Additional Information: I am a landlord and own property in Brookline and Newton. A few of my tenants are behind in rent and I’d like to cover my costs by using their security deposit.


Yes you can but you must strictly comply with the Security Deposit Law and give the tenant a notice by certified mail within 30 days of them vacating that you are applying unpaid rent to the security deposit.

Newton Landlord Tenant lawyer Attorney Alan Segal serves the Greater Boston region and all of Massachusetts in real estate law, business law, and estate planning including Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.