Legal Question in Real Estate Law in Massachusetts
apartment condition statement
What is the purpose of the Apartment Condition Statement? Is it for the tenants to go on a defect or flaw finding expedition? Because we own a a old house, some of the doors don't close all the way, 2 windows close on their own, cracks in the plaster, the house settles alittle every year. To me these are minor problems. We did our best to make this apartment perfect.
2 Answers from Attorneys
Re: apartment condition statement
No, the purpose of an apartment condition statement is not to go on a flaw finding spree. It is however intended to list items in their present condition so that when a Tenant moves in he, she or they will not be liable to the Landlord for damages.
Unsafe conditions are another issue. If there is an unsafe condition, then it needs to be corrected. A closet door that does not close nicely is an inconvienence not a safety hazard. On the otherhand, if the back door of the house does not close properly, then it is a problem the Landlord should correct.
I hope this has been helpful to you.
Re: apartment condition statement
From a litigator's perspective, the apartment condition statement is evidence as to exactly that: what the condition of the apartment was when the tenant moved in. Thus, after the tenant moves out, the landlord can use it against the tenant if there is damage to the apartment beyond normal wear and tear. On the other hand, the tenant can also use it against the landlord if the landlord later tries to deny the existence of problems at move in, for example. It protects both parties to the deal.