What Massachusetts requires
- A landlord who takes a security deposit gives the tenant a separate written statement of the present condition of the premises when the deposit is received, or within ten days after the tenancy begins, whichever is laterMassachusetts General Laws c. 186, s. 15B (2) (c)
- The statement includes a comprehensive listing of any damage then existing in the premises, including violations of the state sanitary or building codes certified by a local board of health or building official or decided by a courtMassachusetts General Laws c. 186, s. 15B (2) (c)
- The statement is signed by the landlord or agent and carries the notice set out in the statute, in twelve-point bold type at the top of the first pageMassachusetts General Laws c. 186, s. 15B (2) (c)
- The tenant returns the statement within fifteen days after receiving it or moving in, whichever is later, signed if it is correct, or with a separate signed list of any damage they believe existsMassachusetts General Laws c. 186, s. 15B (2) (c)
- If the tenant sends a separate list of damage, the landlord returns a copy within fifteen days with either a signed agreement or a clear statement of disagreement attachedMassachusetts General Laws c. 186, s. 15B (2) (c)
- The landlord keeps a record of each deposit, including copies of the statements of condition given to tenants, for two years after the tenancy ends, and shows it to the tenant on requestMassachusetts General Laws c. 186, s. 15B (2) (d)
- Within thirty days after the tenancy ends, the landlord returns the deposit; a deduction for damage needs an itemized list, sworn under the pains and penalties of perjury, describing the damage and the repairs in precise detail, with written evidence of the cost such as estimates, bills, invoices or receiptsMassachusetts General Laws c. 186, s. 15B (4) · Mass.gov, Security deposits and last month's rent
- Nothing is deducted for damage listed in the statement of condition, or in the tenant's separate list signed by the landlord, unless it was later repaired and the new damage is shown to be unrelated and caused by the tenantMassachusetts General Laws c. 186, s. 15B (4)
- Deductions cover a reasonable amount to repair damage caused by the tenant or people under their control, with reasonable wear and tear excludedMassachusetts General Laws c. 186, s. 15B (4) (iii)
- A landlord who does not provide the itemized list within thirty days loses the right to keep any of the deposit, and failing to return the balance due within thirty days can bring damages of three times the deposit, plus interest, court costs and attorney's feesMassachusetts General Laws c. 186, s. 15B (6) and (7) · Mass.gov, Security deposits and last month's rent
The statement of condition
A landlord who takes a security deposit gives the tenant a separate written statement of the present condition of the premises when the deposit is received, or within ten days after the tenancy begins, whichever is later.
The statement includes a comprehensive listing of any damage then existing in the premises, including violations of the state sanitary or building codes certified by a local board of health or building official or decided by a court.
The notice, the signatures and the fifteen days
The landlord or agent signs the statement, and it carries the notice set out in section 15B (2) (c), in twelve-point bold type at the top of the first page.
The tenant returns it within fifteen days after receiving it or moving in, whichever is later: signed if it is correct, or with a separate signed list of any damage they believe exists. If the tenant sends a list, the landlord returns a copy within fifteen days with either a signed agreement or a clear statement of disagreement attached.
What can be deducted at move-out
Deductions cover a reasonable amount to repair damage caused by the tenant or people under their control, with reasonable wear and tear excluded. Nothing is deducted for damage listed in the statement of condition, or in the tenant's list signed by the landlord, unless it was later repaired and the new damage is shown to be unrelated and caused by the tenant.
Within thirty days after the tenancy ends, the landlord returns the deposit. A deduction for damage needs an itemized list, sworn under the pains and penalties of perjury, with written evidence of the cost such as estimates, bills, invoices or receipts.
Records and penalties
The landlord keeps a record of each deposit, including copies of the statements of condition, for two years after the tenancy ends, and shows it to the tenant on request.
A landlord who does not provide the itemized list within thirty days loses the right to keep any of the deposit, and failing to return the balance due within thirty days can bring damages of three times the deposit, plus interest, court costs and attorney's fees.
From walkthrough notes to a finished Massachusetts statement
Walk the unit room by room and note every item of existing damage, including any code violation that a board of health or building official has certified. Choose the Move-in inspection type: ReportDraft writes the notes up as a room-by-room statement and prints the notice from section 15B (2) (c) in twelve-point bold at the top of the first page of the PDF and Word file.
The statement ends with signature lines for the lessor or agent and the tenant. Keep a copy with your deposit records.
Common mistakes
- Giving the statement of condition later than ten days after the tenancy begins, or after the deposit is received if that is later.
- Leaving out existing damage, or code violations that have been certified or decided by a court.
- Not signing the statement, or leaving the notice off the top of the first page.
- Ignoring a tenant's separate list of damage instead of answering within fifteen days.
- Deducting at move-out for damage that was already listed at move-in.
Sources
- Massachusetts General Laws c. 186, s. 15B (2) (c), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (2) (d), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (4), checked October 8, 2026
- Mass.gov, Security deposits and last month's rent, checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (4) (iii), checked October 8, 2026
- Massachusetts General Laws c. 186, s. 15B (6) and (7), checked October 8, 2026
Last reviewed October 8, 2026. Next review due January 8, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.