Not for reasonable wear and tear. The Supreme Judicial Court ruled that the normal aging of an apartment from everyday living, which can eventually call for painting, carpet cleaning or similar refurbishment, cannot be taken out of your security deposit. The court also held that a lease clause requiring professional move-out cleaning, on penalty of charges that apply whether or not the condition is reasonable wear and tear, is void. This is a published decision of the Supreme Judicial Court and binding statewide.
What happened
Two former tenants rented apartments from the same owners and managers. Each lease came with a signed addendum titled “Move Out Cleaning & Replacement Charges.” It required tenants to have the apartment professionally cleaned and the carpets cleaned at move-out, and said that if they did not, a list of charges for painting, touch-up paint, carpet cleaning and cleaning would be applied. The addendum also listed replacement and cleaning charges that would apply regardless of how long the tenant had lived there. Neither tenant hired professional cleaners, and the landlord deducted touch-up paint and carpet cleaning from one tenant’s deposit. The tenants filed a proposed class action, and the federal court hearing the case asked the Supreme Judicial Court two questions about the security deposit law.
What the court decided
In Peebles v. JRK Property Holdings, Inc., SJC-13702 (Mass. Aug. 1, 2025), the court answered both questions in a way that protects tenants.
The security deposit statute, G.L. c. 186, § 15B (4) (iii), lets a landlord deduct a reasonable amount to repair damage caused by the tenant, but it expressly excludes reasonable wear and tear. The statute does not define that phrase, so the court looked to its ordinary meaning and the common law. Wear and tear means the gradual deterioration that comes from ordinary use. A home is expected to show its age as you move furniture, cook, bathe and walk through the rooms day after day. A reasonable degree of scuffing on walls, marks on doorways and wear or stains on carpet can all fall in that category. The longer you live somewhere, the more wear is expected.
The court refused to adopt a bright-line rule that every charge for cleaning or painting is unlawful. Whether a particular condition is reasonable wear and tear depends on all the circumstances. These include the nature and cause of the damage, the condition of the unit when the lease started, the wear expected from reasonable use, and how long the tenant lived there. Damage from unreasonable use is different and can be charged. The court pointed to Goes v. Feldman, 8 Mass. App. Ct. 84 (1979), where the Appeals Court upheld a ruling for tenants after the landlord deducted for stained carpet and wall holes, because the trial judge found the unit was in substantially the same condition as at move-in, fair wear and tear excepted.
On the second question, the court held that the move-out cleaning addendum conflicts with § 15B (4). It imposed painting, cleaning and replacement charges without any allowance for reasonable wear and tear. Under G.L. c. 186, § 15B (8), any lease provision that conflicts with the statute is against public policy, void and unenforceable. The court did not decide whether the landlord must forfeit the deposits or owes other remedies, because the federal court did not ask that question.
What this means for you
If your landlord kept part of your deposit for paint, carpet cleaning or general refurbishment, ask whether the condition was simply the result of living there. A move-out cleaning clause in your lease does not change the answer if it charges you for reasonable wear and tear.
The decision also shows why paperwork matters. A landlord who takes a deposit must give you a signed written statement of the unit’s condition, when you pay the deposit or within ten days after the tenancy begins, whichever is later. To deduct for repairs, the landlord must give you a sworn, itemized list of damage with written proof of cost within 30 days after the tenancy ends. G.L. c. 186, § 15B (2) (c), (4) (iii). Those records, along with your own photos, often decide what counts as wear and tear.
The ruling is not a free pass. Damage from unreasonable use, such as breakage, can still be deducted if the landlord follows the statute’s steps.
What to do now
- Find your lease, any move-out addendum, and the condition statement you received when you moved in.
- Gather photos or videos of the unit from move-in and move-out.
- Check whether the landlord sent a sworn, itemized list of damage with estimates or receipts within 30 days after you moved out.
- Write down how long you lived there and the condition of the paint and carpet when you arrived.
- Get advice before you sign any release or accept a partial refund with conditions attached.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
