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Does a landlord need to prove a security deposit was deposited into an escrow account?

Worcester, MA |

What type of receipt does a landlord need to provide a tenant after taking a security deposit? Does the receipt need to be from the bank or can they provide you with their own receipt? My landlord gave me a typed receipt they created with the bank/account number, but I have no proof the deposit was actually deposited into that account.

Attorney Answers 3


What your landlord gave you sounds correct This is what a landlord must provide: (b) Any lessor or his agent who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of an agent, the name of the lessor for whom such security deposit is received, the date on which it is received, and a description of the premises leased or rented. Said receipt shall be signed by the person receiving the security deposit. This is the entire stature, which is quite long and complicated. This is a chapter from a book put out by Massachusetts Legal Services, which deals with security deposits. You have the information on your deposit, call the bank to confirm. Hope this answers your questions. Good luck.

This is merely general information and does not establish an attorney client relationship and is not directed to a specific case.

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The statute requires, in addition to what has been posted, " A receipt shall be given to the tenant within thirty days after such deposit is received by the lessor which receipt shall indicate the name and location of the bank in which the security deposit has been deposited and the amount and account number of said deposit."

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I would also add, that they money being held by your landlord needs to be in a Massachusetts Bank account and free from his creditors, meaning not in a bank account with his personal money.

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