Massachusetts Repair & Habitability Laws
Massachusetts has one of the most detailed habitability standards in the country through its State Sanitary Code.
Key Rules
- Repair And Deduct
- Yes -- expressly codified at Mass. Gen. Laws ch. 111, § 127L[ not confirmed ]: after landlord fails to begin repairs within 5 days of notice (or complete within 14 days) of a certified sanitary code violation, tenant may repair and deduct the cost from rent (capped at 4 months' rent in any 12-month period)
- Rent Withholding
- Yes — tenant may withhold rent or seek rent reduction in Housing Court for Sanitary Code violations
- Habitability Standard
- Massachusetts Sanitary Code — comprehensive list of required conditions including heat (68°F min)
- Heat Requirement
- Minimum 68°F from September 16 – June 14; minimum 64°F at night
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
Applicable Statutes
Mass. Gen. Laws ch. 111, § 127L
Repair-and-deduct remedy: when the landlord fails to begin repairing a certified sanitary code violation within 5 days of written notice (or complete repairs within 14 days), the tenant may have the violation repaired and deduct the reasonable cost from rent due (capped at 4 months' rent in any 12-month period).
Not confirmed against its source · checked
Mass. Gen. Laws ch. 239, § 8A
Rent withholding: tenant in a summary process action may raise the landlord's breach of the warranty of habitability as a defense and claim rent reduction for the period of violation.
Not confirmed against its source · checked
Legal Aid Resources
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