When does the Statement of Condition apply?
For Massachusetts residential rentals, accepting a security deposit triggers the separate condition-statement requirement in M.G.L. c. 186, § 15B(2)(c). Section (9) excludes vacation or recreational tenancies lasting 100 days or less.
Use the right kind of document. This page explains the requirements and offers organizational examples. It is not a complete legal form or advice about a specific dispute. Review local and housing-program requirements where applicable.
Three deadlines, with different starting events
The following summarizes § 15B(2)(c). Keep deposit receipt, tenancy commencement, move-in, and document receipt as separate events.
| Who acts | Action | Timing |
|---|---|---|
| Landlord or agent | Provide the separate written statement. | On receiving the deposit or within 10 days after tenancy commencement, whichever is later. |
| Tenant | Return the statement; attach a separate signed damage list if incorrect. | Within 15 days after receiving the statement or moving in, whichever is later. |
| Landlord or agent | Return the added list with signed agreement or an attached clear disagreement. | Within 15 days after receiving the tenant’s separate list. |
For scheduling, do not put every task on one generic “move-in deadline.” A task list should name both the event and the date used to calculate it. Record actual receipt, rather than assuming a document was received on the day it was prepared.
Check the document before using a template
The statement must describe present condition and existing damage, including specified certified or adjudicated code violations. It needs the landlord’s or agent’s signature and the statutory notice in 12-point bold type at the top of page one. Use the exact notice in § 15B(2)(c), not this guide’s summary.
As practical identification fields, include the address and unit, date of observation, tenancy start, document date, and participants. Give each room and item a consistent name so that later comments can refer to it without ambiguity.
Keep an observation separate from a conclusion about responsibility. “Lower kitchen drawer front split near handle” identifies a visible condition. “Tenant damage” assigns responsibility without explaining what was observed or when it first existed.
The example below is an attachment excerpt. It does not include the full statement, the required notice, or every field needed for your rental. Do not use it as a substitute for the complete document.
Example: the original statement missed a damaged drawer
Imagine that the initial statement describes the kitchen cabinets but says nothing about a split drawer front. During review, the tenant notices the omission. A useful addition identifies the original record and the exact item, with supporting references.
Fictional tenant attachment excerpt
Property: Example rental, Unit 2
Related document: Initial Statement of Condition, version 1
Item reference: KITCHEN-DRAWER-02
Requested addition: The lower drawer immediately left of the oven has a split in the front panel beside the handle. This damage is not listed in the initial statement.
Supporting files: KITCHEN-DRAWER-02-overview and KITCHEN-DRAWER-02-detail. The overview identifies the drawer; the detail shows the split.
Complete with actual information: date observed, date the initial statement was received, attachment date, tenant name, and signature.
This example focuses on a missing fact. If the disagreement concerns an existing entry instead, identify the entry and explain precisely what differs. For example: “The bedroom wall note mentions one mark; there are also two small paint chips beside the closet.”
Use a wider photo to establish location and a close-up for detail. Retain the original files and their actual dates. If the photos were taken later, say so; do not label them as move-in-day images. See our damage documentation guide for more on useful evidence.
Keep the response tied to the same item
When preparing the landlord’s response, use the item reference from the tenant’s list. That makes it easier for both parties to see which observation is accepted and which remains disputed. Apply the response requirement in the timeline above.
- Agreement example: “Agree that the split drawer front should be included in the starting-condition record under KITCHEN-DRAWER-02.”
- Disagreement example: “I disagree that the bedroom wall mark was omitted. It appears in the original statement under BEDROOM-WALL-01; please identify whether your note concerns a different mark.”
These are communication examples, not findings about either party’s evidence. If the issue remains disputed, preserve each account and its supporting documents. Do not rewrite the original to make it look as though everyone agreed from the beginning.
A maintenance request is a separate follow-up
Acknowledging the drawer’s condition does not record a completed repair. Track the maintenance request separately, and add the completion date and any follow-up observation when work actually occurs. Keep the original condition history intact.
Use a simple index for the document exchange
The following is an organizational suggestion. It helps avoid a folder containing several unrelated files named “final.”
| Reference | Record | Useful tracking fields |
|---|---|---|
| SOC-01 | Initial Statement of Condition and attachments | Version, observation date, delivery and receipt records |
| TENANT-01 | Tenant’s returned record and separate additions | Original statement reference, item IDs, signature, receipt date |
| RESPONSE-01 | Landlord’s response to the added list | List referenced, agreement or disagreement, delivery record |
| PHOTO-01 | Supporting original photographs | Room, item, photographer, actual capture date |
| WORK-01 | Separate maintenance follow-up, if needed | Item reference, work status, completion evidence |
Save messages that show which attachments were sent. Before sharing a folder, check that the recipient can open it and distinguish original files from annotated copies. Keep signatures and personal details out of publicly accessible example folders.
Review checklist for the exchange
Use this practical aid with the legal requirements above. You can print the page from your browser.
- Confirm the correct rental, unit, and parties.
- Record the relevant start, move-in, deposit, and receipt dates separately.
- Check the complete statement against the document requirements above.
- Review observations room by room, noting omissions specifically.
- Connect each addition to the original document and an item reference.
- Check signatures and each applicable deadline in the timeline.
- Keep the response alongside the tenant’s list.
- Preserve disagreements rather than silently merging versions.
- Test access to photos and retain records of delivery.
- Track repair follow-up separately from the condition exchange.
Questions about reviewing the statement
Can a photo album replace the statement?
The requirement above is for a written statement. Use photos as supporting material with identifiable entries, rather than assuming a collection of images completes the process.
What if I notice an issue after returning the document?
Document it promptly with the actual observation date and notify the other party. Keep the later note separate. Do not assume it changes the statutory deadlines or proves when the issue began.
Should I sign a description I believe is incomplete?
Follow the review and separate-list procedure described above. Specify what is missing or incorrect instead of treating a broad condition rating as an accurate description of every item.
Does this page provide a Massachusetts legal form?
No. The examples show how to organize an exchange. They do not reproduce the mandatory notice or provide a complete form. Consult the official text when preparing the statement.
Do I need an app to organize the exchange?
No. Documents and clearly labeled folders can support this workflow. Software may help organize observations and attachments, but it does not determine legal compliance or resolve a disagreement.
Official source and review date
Reviewed September 16, 2026 against Massachusetts General Laws, Chapter 186, Section 15B, especially subsection (2)(c) for the statement and exchange, and subsection (9) for the vacation-rental exclusion.
This guide focuses on condition records. Deposit receipts, banking, interest, retention, and move-out accounting have additional rules and are outside this page’s scope.
Looking for a way to organize inspection records? Explore Oryon Inspection.