@Steven Burke I don't charge application or background check fees so I haven't researched their legality. We got advice from a lawyer on the security deposit.
At first, we did not collect security deposits because we thought staying within Massachusetts laws, was more complex than it was worth. But one of our rentals is fully furnished with expensive furnishings. We discovered a tenant was leaving the designer wooden end table purchased at Design Within Reach (what a misnomer!) out on the balcony. We decided it was worth requiring a security deposit in the hopes that tenants would think twice before treating our furnishings that way.
The law is not all that difficult to follow. It took me less than 10 minutes to open an escrow account yesterday at TD Bank. This is the bank that the lawyer recommended. It is free and they make it pretty darn easy even though we don't do any other banking with them. They call these accounts Tenant/Landlord accounts. Here is what I had to do to open the account:
1- Had tenant fill out a W9 and send me his birthdate.
2- Gave the tenant a standard receipt when he gave me the security deposit (my name as recipient, amount of security deposit which can not be more than one month's rent, date received, address (aka description) of rental property)
3- Once the security deposit was deposited, I took the W9, copy of the lease and the tenant's birthdate into TD Bank along with my ID. As I said, it took less than 10 minutes for the guy to set up the account.
4- Fill out and give to the tenant: a Security Deposit Certification which will include the tenant's name, landlord's name, date, premises (address of rental property), lease start date, security deposit amount, name of bank, address for bank, account number, along with the legal blurb about security deposits. I can give you a blank copy of this certification if you can't find it online.
5- When the tenant moves in, give them a statement of condition, detailing the current condition of the apartment. The Massachusetts law is very particular about this document - down to the font size!!! I can also send you a blank statement that has the correct wording and font size of the legal blurb at the top of the form if you can't find it online. The tenant has 15 days to sign the statement with any addendum they wish to add.
6- Schedule a walk-through with the tenant before they move out.
7- Assuming all went well, close out the escrow account and send the deposit amount plus the interest to the tenant.
For this particular expensively furnished apartment, managing the security deposit is worth it. We have another rental, for which we do not think a security deposit serves any purpose. The furnishings are not all that expensive to replace and we live right above the rental so tenants tend to treat it better.
The big advice we got from our lawyer was to avoid nickeling-and-diming our tenants. For instance, we make it clear to tenants up front that we don't charge for day-to-day wear and tear, including broken dishes, etc. The security deposit is for irresponsible negligent behavior only. The fact that we require it, will hopefully prevent such negligence. Replacing anything from DWR hurts!