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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Newton, MA
Industrial and commercial noise in Newton must meet property-line decibel limits by zoning district, with mechanical equipment, HVAC, and loading docks close...
Newton, MA
Newton follows the state stretch energy code requiring EV-ready wiring in new construction. Residential Level 2 chargers need electrical permits; commercial ...
Newton, MA
Under MGL c.90 s.22D, Newton can tow vehicles left on public ways for more than 72 hours. Unregistered or inoperable vehicles on private property must be sto...
Newton, MA
Newton requires curb cut permits from DPW for new driveways, with maximum widths of 20 feet for single-family homes. Impervious surface coverage is limited b...
Newton, MA
Massachusetts MGL Chapter 49 governs boundary fences between neighbors, establishing shared maintenance where fences are mutual and providing fence viewer pr...
Newton, MA
Retaining walls in Newton over 4 feet in height measured from footing to top require a building permit and engineered design per 780 CMR.
See how Newton's repairs & habitability rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.