How to Document Existing Damage at Move-In in Massachusetts

Moving into a new rental in Massachusetts is exciting, but it’s essential to protect your rights and your security deposit from day one. Carefully documenting any existing damage or issues in your apartment can prevent disputes with your landlord later. Massachusetts law provides renters with clear steps and specific forms to help you officially note the condition of your new home when you move in.

Why Document Apartment Damage at Move-In?

Documenting current damage before you unpack safeguards you against being held responsible for problems you didn’t cause. This record is especially important for your security deposit — Massachusetts law allows landlords to withhold money for unpaid rent or damage beyond normal wear and tear, but only if they follow strict procedures.

Massachusetts Apartment Condition Statement: What Renters Need to Know

Under the Massachusetts Security Deposit Law (M.G.L. c.186, §15B), landlords who accept a security deposit must provide you with a written "Statement of Condition" within 10 days of your move-in. This statement details the condition of your rental unit and lists any existing damage.

Official Form: Condition of Apartment Statement

• Name: Statement of Condition
• When and How Used: Your landlord provides this written statement (there is no set government-issued form, but the law requires specific information). Review it, note any additional issues not listed, and return it to your landlord within 15 days of receiving it or moving in (whichever is later). Keep a copy for your records — it may be needed if there is a disagreement when you move out.
• See official Massachusetts guidance on security deposit statements

Even if your landlord does not provide the Statement of Condition, you still have the right to document the apartment's condition and submit your own written list of existing damages.

Tips for a Thorough Inspection

• Walk through every room, checking walls, floors, ceilings, doors, windows, appliances, and fixtures
• Take clear photos or videos of any damage; date-stamp and save them with your documentation
• Note details in writing — for example, "bedroom wall has two large nail holes"
• Review the landlord’s Statement of Condition line by line
• Return the completed and signed statement to the landlord — keep proof of delivery, such as a dated email or certified mail receipt

Know Your Rights: Security Deposit and Damage Deductions

Massachusetts law is strict about how landlords can use your security deposit. They may deduct for unpaid rent, or for repairs that go beyond normal wear and tear — but if you documented the damage at move-in, you’re far less likely to be unfairly charged when you move out.

If you dispute a damage deduction, you can file a complaint or bring a claim in your local Massachusetts Housing Court.

Key Action Steps

• Inspect your apartment and document all damage in writing and with photos
• Review and update the landlord's Statement of Condition, or create and submit your own list if not provided
• Return the documentation to your landlord within 15 days
• Keep copies and photo evidence for your records
• Contact Massachusetts Housing Court if you need help with a dispute

Frequently Asked Questions

1. What if my landlord doesn't give me a Statement of Condition?
   If the landlord fails to provide the written statement, you have the right to create your own written list of all damages and send it to your landlord within 15 days of moving in. Keep a copy and proof of delivery for your records.
2. Can I use my phone to take pictures as evidence of damage?
   Yes. Photos and videos with clear timestamps are excellent evidence and can be used to support your claims if there is disagreement about damage at move-out.
3. How long do I have to report existing damage after moving in?
   You have 15 days after either receiving the landlord’s Statement of Condition or moving in (whichever is later) to return a list of additional damages to your landlord.
4. What if I find more damage after the 15-day period?
   If you find serious problems later, document them and notify your landlord right away, but your protections regarding the security deposit are strongest if you report all issues within the 15-day timeframe.
5. Where do I go if there's a dispute about damage deductions?
   Disputes about security deposit deductions can be brought before the Massachusetts Housing Court. See their official website for guidance on how to proceed.

Conclusion: Key Takeaways for Massachusetts Renters

• Documenting damage at move-in is crucial for protecting your security deposit and rights
• Use the Statement of Condition process and submit your own list of damages if needed
• Act quickly — Massachusetts law has clear 15-day deadlines

Following these steps ensures your rental experience starts on the right foot and gives you valuable peace of mind.

Need Help? Resources for Massachusetts Renters

• Massachusetts Security Deposit Law Guidance
• Massachusetts Housing Court – File a Complaint or Get Information
• MassLegalHelp: Tenant Rights and Rental Law Resources

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1. Massachusetts General Laws, Chapter 186, Section 15B: Massachusetts Security Deposit Law
2. Massachusetts Trial Court Housing Court: Official Housing Court Website
3. Massachusetts Security Deposit FAQs: Security Deposits in Massachusetts

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