✓ Law Verified June 2026
This guide explains your rights when your Massachusetts landlord will not make repairs — what they must provide, how much notice to give, and your options including repair-and-deduct and rent withholding. All figures are from Massachusetts law, verified as of June 2026.
In This Massachusetts Guide:
Massachusetts Repair & Habitability Rules at a Glance
| Warranty of habitability | YES. Massachusetts recognizes an implied warranty of habitability in every residential lease. Under the State Sanitary Code (105 CMR 410) and MGL Chapter 111, Section 127A, every landlord must maintain rental housing that meets minimum standards of fitness for human habitation. This warranty cannot be waived in a lease — any waiver clause is void and unenforceable. Violations of the sanitary code that may endanger or materially impair the health, safety, or well-being of a tenant constitute a breach of this warranty. |
| Notice to landlord required | 14. Under MGL Chapter 111, Section 127L, the tenant must give the landlord written notice of the violations. The landlord then has 5 days to begin repairs and 14 days to substantially complete them. If the board of health or a court orders a shorter repair period, that shorter deadline applies instead. |
| Repair-and-deduct allowed | YES. Under MGL Chapter 111, Section 127L, a Massachusetts tenant may repair code violations and deduct the cost from rent if all of the following conditions are met: (1) the local board of health, code enforcement agency, or a court has certified that the violations may endanger or materially impair the tenant’s health, safety, or well-being; (2) the tenant has notified the landlord in writing of the violations; (3) the landlord failed to begin repairs within 5 days of written notice or failed to substantially complete repairs within 14 days of written notice (or a shorter period if ordered by the board of health or court); and (4) the tenant did not cause the violations. The maximum deduction is 4 months’ rent in any 12-month period, calculated on the basis of the highest monthly rent during the tenant’s occupancy or during the 12 months before the violation is repaired, whichever is shorter. The deducted amount must be reasonable under the circumstances. |
| Rent withholding allowed | YES. Under MGL Chapter 239, Section 8A, a Massachusetts tenant may withhold rent when the landlord fails to maintain the premises in habitable condition. The tenant must prove: (1) the premises violate the State Sanitary Code, building code, or other habitability standards; (2) the conditions may endanger or materially impair the health, safety, or well-being of the tenant; (3) the landlord knew of the conditions before the tenant fell behind on rent; and (4) the tenant did not cause the conditions. A tenant may not withhold the entire rent — the tenant is still liable for the fair rental value of the premises in its defective condition. The court determines how much the rent should be reduced based on how severely the conditions affect the unit. The tenant should document all conditions with photos, written complaints, and inspection reports before withholding. |
| Rent escrow option | YES. Massachusetts allows tenants to deposit withheld rent into an escrow account with the court. Under the process associated with MGL Chapter 239, Section 8A, if a landlord ignores a written notice of violations, after 14 days the tenant may file with the housing court and deposit rent into a court-administered escrow account. The court sets a hearing within approximately 10 to 14 days and notifies the landlord. If the landlord completes repairs before the hearing, the escrowed funds are released to the landlord. If the tenant proves the landlord is in violation, the court may order the landlord to make repairs using the escrowed funds, reduce future rent, or impose fines. Depositing rent into escrow rather than simply withholding it strengthens the tenant’s legal position. |
What Your Massachusetts Landlord Must Provide
Under the Massachusetts State Sanitary Code (105 CMR 410), a landlord must provide and maintain: heating facilities capable of maintaining at least 68°F between 7:00 AM and 11:00 PM and at least 64°F between 11:00 PM and 7:00 AM (from September 15 through June 15); hot and cold running water; a working toilet, sink, and bathtub or shower; electrical systems in good working order; a kitchen with a sink, stove, and oven (unless the tenancy agreement specifies otherwise); windows and doors that are weathertight and lockable; structural elements (walls, floors, ceilings, roof) in good repair and watertight; freedom from rodents, cockroaches, and insect infestations; smoke and carbon monoxide detectors; safe egress and fire exits; garbage receptacles and removal; and a posted notice with the owner’s name, address, and phone number (for non-owner-occupied units), which the owner must monitor at least once every 12 hours.
Your Options When Repairs Are Not Made
Repair and deduct: YES. Under MGL Chapter 111, Section 127L, a Massachusetts tenant may repair code violations and deduct the cost from rent if all of the following conditions are met: (1) the local board of health, code enforcement agency, or a court has certified that the violations may endanger or materially impair the tenant’s health, safety, or well-being; (2) the tenant has notified the landlord in writing of the violations; (3) the landlord failed to begin repairs within 5 days of written notice or failed to substantially complete repairs within 14 days of written notice (or a shorter period if ordered by the board of health or court); and (4) the tenant did not cause the violations.
The maximum deduction is 4 months’ rent in any 12-month period, calculated on the basis of the highest monthly rent during the tenant’s occupancy or during the 12 months before the violation is repaired, whichever is shorter. The deducted amount must be reasonable under the circumstances.
Withhold rent: YES. Under MGL Chapter 239, Section 8A, a Massachusetts tenant may withhold rent when the landlord fails to maintain the premises in habitable condition. The tenant must prove: (1) the premises violate the State Sanitary Code, building code, or other habitability standards; (2) the conditions may endanger or materially impair the health, safety, or well-being of the tenant; (3) the landlord knew of the conditions before the tenant fell behind on rent; and (4) the tenant did not cause the conditions.
A tenant may not withhold the entire rent — the tenant is still liable for the fair rental value of the premises in its defective condition. The court determines how much the rent should be reduced based on how severely the conditions affect the unit. The tenant should document all conditions with photos, written complaints, and inspection reports before withholding.
Report to code enforcement: To report a Massachusetts landlord for code violations, contact your city or town’s local Board of Health or Inspectional Services Department. You may request an inspection of your rental unit for violations of the State Sanitary Code (105 CMR 410). An inspector will visit the unit, document violations, and issue an order requiring the landlord to make repairs within a set timeframe.
You can find your local board of health by calling your city or town hall, visiting your municipality’s website, or using UpToCode.org (a tool developed by Northeast Legal Aid). In Boston specifically, you can file a complaint online with the Inspectional Services Department. Complaints may be filed anonymously, and your landlord cannot legally retaliate against you for reporting violations.
Constructive eviction: YES. Massachusetts recognizes constructive eviction through case law. If a landlord’s actions or failure to act deprives the tenant of the use and enjoyment of the premises or renders the unit uninhabitable, the tenant may treat the lease as terminated and move out. To claim constructive eviction, the tenant must show: (1) the landlord’s conduct or neglect made the unit substantially unsuitable for its intended purpose; (2) the tenant notified the landlord in writing and gave a reasonable opportunity to fix the problem (5 days to begin, 14 days to complete); (3) the tenant did not cause the condition; and (4) the tenant vacated the premises within a reasonable time after the landlord failed to remedy the situation.
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A tenant who is constructively evicted may sue for damages including moving costs, the difference in rent, and potentially attorney fees.
Retaliation protection: YES. Under MGL Chapter 186, Section 18, a Massachusetts landlord may not retaliate against a tenant for: reporting health or building code violations to any government agency; commencing or participating in any judicial or administrative action to enforce housing laws; or exercising rights under any federal, state, or local housing regulation.
If a landlord issues a notice of termination (other than for nonpayment of rent), raises the rent, or substantially alters the terms of the tenancy within 6 months after the tenant takes a protected action, there is a rebuttable presumption that the landlord’s action is retaliatory.
The tenant may recover damages of at least 1 month’s rent and up to 3 months’ rent or actual damages (whichever is greater), plus court costs and attorney fees. Any lease clause that waives this protection is void and unenforceable.
Other Massachusetts repair rules: Massachusetts has several unique repair and habitability rules: (1) HEAT LAW — landlords must provide heat from September 15 through June 15 and maintain minimum temperatures of 68°F during the day and 64°F at night, one of the most specific heating mandates in the country; (2) SANITARY CODE SCOPE — the Massachusetts State Sanitary Code (105 CMR 410) contains over 250 specific regulations covering virtually every aspect of residential habitability; (3) BOARD OF HEALTH CERTIFICATION — to use repair-and-deduct, the violations must be certified by the local board of health or a court, which is a stricter prerequisite than many states require; (4) WAIVER PROHIBITION — any lease clause attempting to waive a tenant’s rights under the repair-and-deduct statute (MGL c.111 s.127L) or the retaliation statute (MGL c.186 s.18) is void as against public policy; (5) OWNER CONTACT REQUIREMENT — non-owner-occupied landlords must post their name, address, and phone number, and must monitor their phone at least once every 12 hours; (6) TRIPLE DAMAGES — under MGL Chapter 93A (the consumer protection statute), tenants may be able to recover up to triple damages for willful or knowing violations of housing laws, though tenants should consult an attorney for this remedy.
Understanding Massachusetts Landlord Repair Obligations
When Massachusetts landlord repairs are not made, you have options — but you must follow the right steps to protect yourself legally. Massachusetts landlord repairs law requires written notice to the landlord, a reasonable time to fix the problem, and documentation of the condition. Skipping any step can weaken your position if the dispute over Massachusetts landlord repairs ends up in court.
Always put your repair request in writing, keep a copy, and take dated photos — this paper trail is your strongest evidence that Massachusetts landlord repairs were demanded and ignored.
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Official Massachusetts Sources & Resources
- Massachusetts Attorney General: https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights
- Massachusetts Habitability Statute: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section127L
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Massachusetts repairs guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.