Massachusetts Statewide Rule
Massachusetts Warranty of Habitability & Repair-and-Deduct (M.G.L. c. 111 § 127L)
Key Facts
- Repair-and-deduct cap
- Four months' rent in any 12-month period
- Owner response window
- Begin repairs within 5 days; substantially complete within 14 days
- Trigger
- Code violation certified by inspector/agency/court + written notice
- Rent withholding allowed?
- Yes, for serious code violations
- Statute
- M.G.L. c. 111 § 127L
Summary
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.
Section 127L. When violations of the standards of fitness for human habitation as established in the state sanitary code, or of other applicable laws, ordinances, by-laws, rules or regulations, may endanger or materially impair the health, safety or well-being of a tenant of residential premises and are so certified by the board of health or local code enforcement agency, or in the cities of Boston, Worcester and Cambridge by the commissioner of housing inspection, or by a court of law, and if the owner or his agent has been notified in writing of the existence of the violations and has failed to begin all necessary repairs or to contract in writing with a third party for such repairs within five days after such notice, and to substantially complete all necessary repairs within fourteen days after such notice, unless a board of health, local code enforcement agency or court has ordered that said violations be corrected within a shorter period, in which case said period shall govern, the tenant or tenants may repair or have repaired the defects or conditions constituting the violations.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much can a Massachusetts tenant deduct for repairs the landlord won't make?
Can I withhold rent in Massachusetts if my apartment has code violations?
Sources
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