Landlord repairs in Massachusetts

Every rental home must meet the State Sanitary Code's minimum standards of fitness for human habitation (105 CMR 410.000, issued under G.L. c. 111), with or without a lease. Courts also recognize an implied warranty of habitability (Boston Housing Auth. v. Hemingway, 1973), which the landlord breaches from the time it knows of conditions that may endanger or materially impair health, safety or well-being. (105 CMR 410.000; G.L. c. 239, § 8A; Boston Housing Auth. v. Hemingway, 363 Mass. 184 (1973))

Massachusetts law names these:

• heat
• hot water
• electricity
• kitchen and bathroom sinks with running water
• locks on unit doors and windows

Repair-and-deduct requires a violation certified by the board of health, local code enforcement agency (in Boston, Worcester and Cambridge the commissioner of housing inspection) or a court, and written notice to the owner or agent (c. 111, § 127L). For withholding as a defense, the owner, its agent, or the person rent is usually paid to must have known of the conditions before the tenant fell behind in rent (c. 239, § 8A); written notice of a board of health inspection creates a presumption of knowledge. Legal aid advises giving notice in writing (including email). (G.L. c. 111, § 127L; G.L. c. 239, § 8A)

The notice must be in writing. Write a Massachusetts repair request letter.

After written notice of a certified violation, the owner must begin repairs (or contract in writing for them) within 5 days and substantially complete them within 14 days, unless the board of health, code agency or court orders a shorter time; otherwise the tenant may repair and deduct (c. 111, § 127L). Under the Sanitary Code, serious (emergency) violations require a good-faith effort to correct within 24 hours of a board of health order; other violations must be corrected within 30 days of the order or sooner if ordered.

Urgent problems (24 hours): Conditions the Sanitary Code lists as possibly endangering or materially impairing health, safety or well-being (e.g. no heat or hot water): the board of health orders a good-faith effort to correct within 24 hours of the order (105 CMR 410.630, as summarized by MassLegalHelp).

Law: G.L. c. 111, § 127L; 105 CMR 410.630–410.640

Allowed with limits. Only for violations that may endanger or materially impair health, safety or well-being and are certified by the board of health, code agency or a court, after written notice to the owner, if the owner fails to begin repairs within 5 days or substantially complete them within 14 days (or a shorter ordered time). The tenant may deduct the repair cost from future rent, up to 4 months' rent per 12 months, computed on the highest monthly rent; for multi-unit or common-area violations the total for all tenants is capped at 4 months' rent combined. Not available for tenant-caused conditions or if the tenant unreasonably denied access. The owner may recover amounts that were excessive or unreasonable.

Waiting period after notice:

14 days

Limit:

4 months' rent in any 12-month period (or period of occupancy, if shorter)

Law:

G.L. c. 111, § 127L

Allowed with limits. In an eviction for nonpayment or no-fault eviction, a tenant may raise bad conditions as a defense or counterclaim, including the difference between the agreed rent and the fair value of the home and repair-and-deduct costs (c. 239, § 8A). Conditions must have been known to the landlord before the tenant fell behind, not caused by the tenant, and fixable without vacating; hotels, motels and rooming-house stays under 3 months are excluded. Proof of a Sanitary Code violation that may endanger health or safety creates a presumption the defense applies. The court may require the tenant to pay fair use-and-occupancy value to the clerk. Legal aid advises saving withheld rent in a separate account. The landlord cannot recover possession if the amount the court finds due the tenant equals or exceeds the rent owed; if rent owed is larger, the tenant keeps possession by paying the balance (with interest and costs) to the clerk within one week after the court's written notice.

Law:

G.L. c. 239, § 8A

Once a tenant raises a conditions defense in an eviction, the court may order the tenant to pay the fair value of use and occupancy (minus amounts owed the tenant) to the court clerk; those funds may be spent on repairs, including by a court-appointed receiver, with any balance paid to the landlord once repairs are done. A tenant may also voluntarily deposit disputed rent with the clerk. (G.L. c. 239, § 8A)

Allowed with limits. When a certified violation is not repaired after written notice within the 5/14-day periods, the tenant may instead treat the lease as ended, pay only the fair value of use and occupancy, and move out within a reasonable time (c. 111, § 127L). Legal aid notes a tenant with serious violations and a board of health report may break the lease (or leave without the usual notice) under the warranty of habitability.

Law:

G.L. c. 111, § 127L

Court action to order repairs, reduce rent to fair rental value, appoint a receiver (G.L. c. 111, § 127H), or refund rent; for willful failure to provide heat, hot water, water, light, power, gas or other required services, or interference with quiet enjoyment, damages of actual and consequential damages or 3 months' rent, whichever is greater, plus attorney's fees, and a criminal fine of $25–$300 or up to 6 months in jail (c. 186, § 14).

A landlord who retaliates for a tenant's code complaint to the board of health or other agency, a written complaint to the landlord, legal action to enforce housing laws, or tenant-union activity is liable for 1 to 3 months' rent or actual damages, whichever is greater, plus costs and attorney's fees. A termination notice (except for nonpayment), rent increase, or substantial change in terms within 6 months after such activity is presumed retaliatory, rebuttable only by clear and convincing evidence. (G.L. c. 186, § 18)

Tenants request a free inspection from the local Board of Health (in Boston, Cambridge, Chelsea, Somerville and Worcester, the Inspectional Services Department), which can order the landlord to repair Sanitary Code violations.

• Lease waivers of repair-and-deduct are void, except a lease of 2 years (not counting renewals) in which the tenant agrees to make defined repairs for substantially lower rent (c. 111, § 127L). Any lease waiver of the § 8A defense is void, with no exception (c. 239, § 8A).
• A landlord may not raise rent because of repairs made under § 127L except by court order (c. 111, § 127L).

• Massachusetts repair request letter (free, runs in your browser)
• Breaking a lease in Massachusetts: notice periods and early-termination rights
• Massachusetts eviction notice rules: what a notice for unpaid rent requires

• G.L. c. 111, § 127L — Repairs by tenants to cure violations Retrieved October 14, 2026.
• G.L. c. 239, § 8A — Rent withholding Retrieved October 14, 2026.
• G.L. c. 186, § 14 — Wrongful acts of landlord; utilities and services Retrieved October 14, 2026.
• G.L. c. 186, § 18 — Reprisal; presumption Retrieved October 14, 2026.
• MassLegalHelp (MLRI) Legal Tactics, Chapter 8: Getting Repairs Made (2025) Retrieved October 14, 2026.
• MassLegalHelp Handout 8: Getting a Landlord to Make Repairs (2025) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.