Massachusetts recognizes an implied warranty of habitability and gives tenants strong remedies. Under M.G.L. c. 111 § 127L, after certified code violations and proper notice, a tenant may make repairs and deduct the cost from rent — up to four months' rent in any 12-month period — and may also withhold rent.
Massachusetts law implies a warranty of habitability requiring rental housing to meet the State Sanitary Code. Under M.G.L. c. 111 § 127L, when a violation is certified by a board of health, code enforcement agency, or court and the tenant gives written notice, but the owner "has failed to begin all necessary repairs... within five days after such notice, and to substantially complete all necessary repairs within fourteen days," the tenant may make repairs and deduct the cost. The statute caps this: "A tenant may not deduct pursuant to this section an amount greater than four months' rent in any twelve-month period." Tenants may also withhold rent for serious code violations and assert habitability as a defense to eviction. Violations caused by the tenant, household, guests, or invitees are excluded.
No specific monetary penalty under § 127L; the tenant's remedy is the repair-and-deduct (up to four months' rent per 12 months) plus the right to withhold rent and raise habitability defenses in a summary process action.
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