New Massachusetts Ruling: Landlords Can’t Deduct for Normal Wear and Tear

The Massachusetts Supreme Judicial Court just issued a major decision that every landlord should be aware of — especially those relying on security deposits to cover move-out costs.

As of August 1, 2025, landlords in Massachusetts can no longer deduct for "reasonable wear and tear" when returning a tenant’s security deposit. That means routine things like carpet wear, small nail holes, faded paint, or minor scuffs are now officially off-limits.

What the SJC Ruling Means

In Peebles v. JRK Property Holdings, the court reaffirmed that landlords are strictly limited in what they can deduct from a tenant’s security deposit. Specifically:

• “Reasonable wear and tear” is not damage, even if it costs money to clean, repaint, or replace.

• Any lease clause that forces tenants to pay for “professional cleaning” or other standard turnover costs is unenforceable and void.

• If landlords get it wrong, they risk losing the entire deposit and potentially facing treble damages (that’s 3x the deposit!) under Massachusetts law.
   

 

Why This Matters More Than Ever: Hire a Landlord Representative

This ruling just raised the bar for landlords — and made a strong case for having professional representation throughout the leasing process.

As a landlord rep, I work exclusively on behalf of property owners to make sure:

✅ Move-Out Inspections Are Handled Legally and Fairly

• I inspect units at lease-end with a trained eye, distinguishing between legitimate damage and normal wear.

• I ensure move-in condition reports are completed, so we have a strong before-and-after comparison.

✅ You Don’t Get Burned by the Law

• I review lease terms to ensure you’re not including language that’s now unenforceable (like automatic cleaning fees).

• I prepare and deliver itemized damage lists and receipts within the tight legal timeframe, protecting your right to make lawful deductions.

✅ Your Tenants (and You) Leave on Good Terms

Tenants are increasingly informed about their rights — and this ruling gives them more leverage. A neutral third party conducting your walk-throughs can de-escalate disputes, reduce risk of lawsuits, and ensure your property is protected without crossing the legal line.

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Bottom Line

The SJC ruling is a win for tenant rights — but it also puts landlords at risk if they’re not up to speed. The safest and smartest move? Work with a landlord-side leasing broker who knows the rules, protects your asset, and handles the details.

If you're a Massachusetts landlord looking for guidance on how to navigate this new landscape — or just want someone to handle it all — let’s talk.