What is an apartment condition statement?
In Massachusetts, landlords must provide an apartment condition statement to tenants detailing the present condition of the rental unit, including any existing damage. This serves to protect both the landlord and the tenant. At the end of the lease, the tenant will be responsible for compensating any additional damage done to the unit during the time of their lease from their security deposit. The apartment condition statement ensures that any previous damage does not count against this payment.
What to include in an apartment condition statement
Landlords are responsible for providing:
Adequate heating system
Adequate air conditioning system (if applicable)
Adequate hot and cold water
Adequate plumbing
Adequate and functional kitchen sink, stove and additional appliances
Sound structure of the building
Lack of rodent or insect infestation
If any of these are not up to standard, they should be documented in the apartment condition statement.
What does not have to be included in an apartment condition statement?
You do not have to include normal wear-and-tear in your apartment condition statement. It can also not be deducted from the security deposit at the termination of the lease.
When do you deliver an apartment condition statement?
According to the State of Massachusetts:
Landlords/agents must give their tenants with a Statement of Condition upon receipt of a security deposit or within 10 days after the tenancy begins, whichever is later. If the tenant does not agree with the contents of the statement, they must return a corrected copy to the landlord within 15 days after receiving the list or 15 days after move in, whichever is later.
If the tenant fails to return the list and later sues to recover the security deposit, a court may view this failure to do so as an agreement that the list was complete and correct. If a tenant submits a separate list of damages, the landlord must review and return it within 15 days of receipt with a clear written response of agreement or disagreement.
Remember: the landlord has to provide the apartment condition statement to tenants AND the tenant has to sign-off and agree to the condition of the unit. I also always recommend the landlord and tenants take photos and share them with the other party to ensure everyone is on the same page from the beginning.
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