Massachusetts Statement of Condition

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Massachusetts landlords must provide this required written statement of the rental property's condition to all incoming tenants.

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Document Last Modified: 5/6/2023

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Either upon receipt of the deposit or within ten (10) days thereafter, you must provide the tenant with a Statement of Condition, which contains a comprehensive list of all then-existing damage to the unit, which list is signed by you or your agent. The notice must inform the tenant that s/he must sign the list within fifteen (15) days of receipt or move-in, if it is correct. You must further inform the tenant that failure to re-submit the list may allow a court to view the tenant's failure to sign as agreement to the completeness of the landlord's proposed Statement of Condition. You then have fifteen (15) days to sign off on the tenant's list of damages or send a clear statement of disagreement to the tenant. Although there are forms available for these purposes, it is recommended that an attorney or other real estate professional be consulted when taking a security deposit.
As a landlord there are certain obligations that are required by the law. Many of these obligations are an effort to protect both the landlord, the tenant, and the rental property. These obligations should be taken seriously. In the state of Massachusetts landlords must provide a written statement of the rental property's condition to incoming tenants. This form, The Massachusetts Statement of Condition, helps prevents disputes about existing damage to the rental property.

The Statement of Condition form lists all existing damage to the rental property prior to a new tenant moving in. The Massachusetts Statement of Condition form allows the owner to list each room, what condition it is in, along with any necessary notes he/she may need to add. It is important for landlords to keep a copy for their records and give a copy to the tenant once it is completed and signed. It is also a good idea for landlords to take pictures of any existing damage to keep with this document.

The landlord/agent must issue the tenant the Statement of Condition within ten (10) days of his or her handing in their security deposit. Both landlord and tenant must sign this form with fifteen (15) days of occupancy or receipt.

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Before moving into the rental property the landlord and tenant must thoroughly read over The Massachusetts Statement of Condition report. Both the landlord and the tenant must sign this form.

WARNING: Although this is an editable document, there is a required statement in the beginning of this document that is a specific font, size and in bold. The required statement must stay in the letter in 12 point bold faced type.

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