Why don't you just return the form within 15 days?

You don't say anything about what the tenant's part in this is.

Return form to who? The landlord? I would assume you want the condition form for future evidence in the case of damages.

I wouldn't put my weapons in the tenants arsenal. Go over everything on site. Have them check it out there and sign it on the spot. Take it with you.

If you HAVE to leave it with them, maybe start a 2 step process. Sign a preliminary and take that and leave a secondary for them if they find anything. Once the 15 days are up, you're good either way.

I highly doubt that an incoming tenant knows that law. If an incoming tenant did in fact know that law, I would be very cautious with that tenant the entire time they were in my building. Simply because they're too informed in my opinion.

If I was you, going forward I would require it done on the spot.

JKJ, yes you are in violation of MA law. If you check in the Property Management book under Statement of condition Premises, you'll find a sample of the form with the correct wording. In my edition the explanation is on page 62 & the sample form is on page 73

JKJ,

I have not read the MA law.

If it helps here is what I added to help folks in MI:

Res initials each page, signs the last with clear wording AS IS. The wording includes "Res has 7 days to make any additions or corrections to this Move In Inspection in writing with a photo of the issue."

How about this: fill out the inspection form, have them sign it, and give them a copy on this spot. Or they can take a photo with the their phone.

NEVER let them write on the form you take - only YOUR wording which will be your defense IF it goes to court.

Follow the law while you STAY IN CONTROL.

At lease signing tell them to sign it then. No defects. Give them a week to find stuff ect if you would like then start billing them!

Use the exact forms for ma. Look at the sec deposit form it actually states the size of the letters! Nuts I know but so it is.

Without the paper how do you prove they gave it to you with no defects. Or worse how do you prove you gave it to them?

In decades of landlording I can count on 1 hand the number that have returned the form.

NH LAW states they have 5 days to return.

I make them sign a form that says they have received the form and are required under law to return it ( or any written conditions accounting) in 5 days and that portion is in Bold RED , alarger font ,capitalized and underlined.

It is part of the Security Deposit accounting form required by Law

1 guy kept it and then tried to use the form at exit to claim all the damage was documented originally but the form didn't have my signature - FRAUD

1. There is exact language that has to be on that form so make sure you have the proper Statement of Condition form.

2. We get the 2 copies of the form signed and gone over when we do the walk thru with every tenant and signed by all lease holders over 18 yr old. They keep a signed copy.

3. You WANT that form in their file. I have won many a dispute by having the nice clean form completed with no defects noted.

4. They sign as part of the lease that they are in possession of that form and it has been given to them.

JKJ, in my tenant acceptance letter I list what documents (lease, lead info, statement of condition, etc) they will be receiving, we also tell them what & when they have to do things including paying monies, switching utilities, opening the SD escrow account, etc. so the new tenant can start the process to have the gas & electric put in their name, we also include the meter numbers, phone numbers & what the utility companies call this unit. It's been my experience especially with National Grid that if I don't provide the actual meter numbers the wrong meter will be given to the newest tenant.

As part of my rental agreement there is a section which lists all of the documents they receive. Next to each of these items there is a spot for the tenant to initial & date. This helps to verify that they received everything that MA requires.

When I meet the tenants at their new apartment to sign the lease, go over the locks, mail boxes, rubbish, storage, laundry, etc for their building. At this same time I have 3 signed & dated copies of the statement of condition with me. We briefly go over them & I have them sign & date 1 copy for me to take then. I explain that they have 15 days from then to either agree or disagree with it. If I don't get back a revised copy of the statement within the 15 days, they are presumed to be in agreement with the original one. Rarely do I ever get back a revised copy.

I'm not saying that my way is the best way to handle this, I'm just saying that it works for me & has withstood numerous appearances in my local courts.

Some of my local LL friends have a "I don't care what the law says" attitude, I'm doing it my way. A few have gotten away with all sorts of illegal things for years without any real problems & some have been hurt big time. Each LL has to decide what level of "legal" compliance they are comfortable with.

IMO as with most things in life, you have to find what works best for you.

15 days is ridiculous. Tenants can do a lot of damage moving in, list it on the condition report, and never have to pay for it.

I already have all damage listed before the tenant appears to sign the lease. We walk through the house together to verify, and they sign.

I let them know to call me if they find anything that I have missed.

Rob, it's I book that was written for MA LLs by MA LLs. I highly recommend it.