It's a familiar Boston moving story. A tenant hands over the keys on August 31st, waits a month, and gets back a fraction of their security deposit with a note about scratched hardwood and a stained countertop. The tenant is certain the damage was there on day one. The landlord is certain it wasn't. Nobody wrote anything down at move-in, so it comes down to two memories, no paper and photographs that may or may not persuade a judge. Not good!
Massachusetts law addresses this exact problem with a document called the Apartment Condition Atatement. If you rent in the Commonwealth — whether landlord or tenant — it's worth understanding what this document is, when it's required, and what role it plays later.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. This article was not written solely by an Attorney and should not be relied upon to make your own decisions. Nothing here should be relied on as a substitute for advice from a licensed Massachusetts Attorney specializing in housing laws, and you should not act or refrain from acting based on this content. If you have a question about your own tenancy, consult an Attorney licensed in Massachusetts. Massachusetts has way too many lawyers and it is easy to find one online that specializes in real estate matters such as this one, but make sure that Attorney is well versed and has specific Housing Court experience. Massachusetts is an overeducated and highly litigious state so check out other attorney websites that go over these matters in more detail. Did we provide you with a big enough Disclaimer? We thought so – lets now begin our article!
What Is an Apartment Condition Statement Form?
An Apartment Condition Statement form is a written, signed record of a rental unit's condition at the start of a tenancy and is legally required where the landlord is taking a security deposit. You'll also see it called a "statement of condition," and the two terms refer to the same thing.
Its legal basis is Massachusetts General Laws Chapter 186, Section 15B — the statute governing security deposits and last month's rent. Under Section 15B(2)(c), a landlord of residential real property who accepts a security deposit must furnish the tenant a separate written statement of the present condition of the premises, either upon receiving the deposit or within ten days after the tenancy begins, whichever is later. Nonetheless, it is absolutely best practice to hand it over in person and receive confirmation from the tenant that it was provided. The digital age may be convenient, but it can also create confusion where the Apartment Condition Statement is assumedly given as one piece of a large package of information that a tenant is being asked to click through to sign.
One detail gets overlooked constantly: the requirement is tied to the security deposit. It's the act of accepting a deposit that triggers the obligation. A tenancy where the landlord collected only first and last month's rent doesn't activate this particular provision but it can be a useful tool to help keep both sides honest. The statute also carves out short-term rentals — its provisions don't apply to a lease, rental, or tenancy of 100 days or less taken for a vacation or recreational purpose.
What Goes Into the Statement
The statute sets out several specific requirements for the document itself.
A comprehensive damage listing. The written statement must include a comprehensive listing of any damage existing in the premises at the time, including any state sanitary code or state building code violations that have been certified by a local board of health or building official, or adjudicated by a court. There's a real difference between "blank" and "no damage noted." A completed statement where the landlord affirmatively represents that no damage exists is a document making a claim. If a landlord writes on the statement that there are no bad conditions, the tenant should check whether that's actually true and write in anything that isn't in good condition.
A signature. The statement has to be signed by the landlord.
Specific notice language. The statute requires a particular block of notice text to appear in twelve-point bold-face type at the top of the first page. This isn't a suggestion about formatting — the wording and the type size are both spelled out in the statute. You can read the exact language on the Mass.gov page for Chapter 186, Section 15B.
Beyond the statutory minimum, condition statements in practice tend to go room by room: walls and ceilings, flooring, windows and screens, doors and locks, appliances, plumbing fixtures, light fixtures and outlets, and shared spaces like hallways, basements, and porches.
The Timeline: 10 Days, 15 Days, 15 Days
The condition statement isn't a one-way document. Section 15B builds in a back-and-forth with three deadlines.
Step one — the landlord provides it. The statement is due upon receipt of the security deposit or within ten days after the tenancy commences, whichever comes later.
Step two — the tenant responds. The statutory notice tells the tenant to read the statement carefully and sign it if it's correct. If it isn't correct, the notice directs the tenant to attach a separate signed list of any damage they believe exists, and to return the statement within fifteen days after receiving it or fifteen days after moving in, whichever is later. The notice also warns that if the list isn't returned within that window, a court may later view the failure to return it as agreement that the list is complete and correct in a suit brought to recover the security deposit so long as the landlord is able to establish that the tenant actually received it.
Step three — the landlord responds to the tenant's additions. If the tenant submits a separate list of damages, the landlord has fifteen days from receiving it to return a copy to the tenant with either a signed agreement to its contents or a clear statement of disagreement attached.
Three exchanges, three deadlines, and at the end of it a document both parties have seen and had the chance to correct.
Why the Condition Statement Matters for Landlords
For property owners and managers, the condition statement connects to the security deposit in a few concrete ways.
It's built into the authority to hold a deposit. Section 15B(1)(b) lists what a landlord may collect at or before the start of a tenancy, and it permits a security deposit equal to the first month's rent provided the deposit is held as required by subsection (3) and the tenant is given the statement of condition required by subsection (2). The statement isn't a separate courtesy sitting off to the side of the deposit rules — it's written into the condition on which the deposit may be collected.
It shapes what can be deducted at move-out. This is the provision with the most practical bite. Section 15B(4) provides that no amount may be deducted from the security deposit for damage that was listed in the written statement of condition, or listed in a separate list submitted by the tenant and signed by the landlord or agent — unless the landlord subsequently repaired the damage and can prove the renewed damage was unrelated to the prior damage and was caused by the tenant or someone under the tenant's control or on the premises with the tenant's consent.
Read from the landlord's side, that cuts in an underappreciated direction. Pre-existing damage that never made it onto the statement doesn't quietly disappear — it simply sits in a unit with no documented baseline, which is a difficult position from which to justify a deduction later.
Recordkeeping obligations attach to it. Landlords who accept security deposits must maintain records that include copies of any receipt or statement of condition given to a tenant. That record must be available for inspection by a tenant or prospective tenant during normal business hours at the landlord's or agent's office, and must be kept for two years from the date the tenancy or occupancy ended.
It appears in the consumer protection regulations too. Under 940 CMR 3.17, it is a prohibited landlord practice to fail to give the tenant a separate written statement of the present condition of the premises, upon receiving a security deposit or within ten days after the tenancy begins, whichever is later.
What Tenants Should Know About the Statement
Returning it is the step people forget. The signing usually happens. The returning often doesn't — the form ends up in a drawer with the lease. As the statutory notice itself spells out, failing to return the list within the specified period may later be seen as agreement that the list was complete and correct.
Disagreeing has a defined process. The statute doesn't ask a tenant to choose between signing an inaccurate statement and refusing to sign at all. The notice describes attaching a separate signed list of damage the tenant believes exists, which then goes back to the landlord for a written response within fifteen days.
Wear and tear is treated separately from damage. Deductions under Section 15B(4) are limited to a reasonable amount necessary to repair damage caused by the tenant or someone under the tenant's control, with reasonable wear and tear excluded. Recent case law discusses this standard at length. See Peebles v. JRK Property Holdings Inc., SJC – 13702 (2025).
Common Points of Confusion
- Vague entries. "Some marks on wall" describes almost nothing a year later; a specific location and description holds up better.
- Missing the ten-day window and providing the statement weeks into the tenancy.
- Tenants signing on the spot at lease signing, whether digitally or in person, before actually walking the unit.
- Neither side keeping a copy of the final signed version with any attached tenant list.
- Assuming a condition statement is required when no security deposit changed hands.
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Jordana Greenman
Published September 11, 2026
