No Heat in Your Boston Rental: What Can I Do?

What the law says

1. 1

   Your landlord must give you a home that is safe, well maintained, and follows the Massachusetts Sanitary Code. The State Sanitary Code sets the minimum standards for a home that is fit to live in. Heat is part of those standards.

   Source:

   1. Obligations of the landlord and the tenant, Massachusetts Attorney General. A government guide.
2. 2

   If your landlord must supply heat and shuts it off on purpose, that is a crime. They can be fined or jailed for up to 6 months. Your landlord also cannot move the utility (such as water, electric, or gas) bill into your name without telling you and getting your agreement. If your landlord breaks this rule, they owe you your actual losses or 3 months rent, whichever is more. They also pay your court costs and lawyer fees.

   Source:

   1. § 14, Massachusetts General Court. Law.
3. 3

   If your landlord breaks this rule, they owe you your actual losses or 3 months rent, whichever is more. They also pay your court costs and lawyer fees.

   Source:

   1. § 14, Massachusetts General Court. Law.

If it is still not fixed

4. 4

   Tell your landlord about the problem first so they know what is wrong and can fix it. If no action is taken in a reasonable time frame, you can ask an inspector from the local board of health to come and look. The inspector can order your landlord to fix anything that breaks the Sanitary Code. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.

   Sources:

   1. Our editorial rules.
   2. State Sanitary Code, Massachusetts Attorney General. A government guide.
5. 5

   If you can afford it, you can pay a private home inspector to look at the problems. This can cost a lot. Their written report and photos can help show the problems in court. A private inspector only writes down what they see for you. To find one near you, search "home inspector" or "rental inspection" with your city's name.

   Source:

   1. Our editorial rules.
6. 6

   Your landlord cannot punish you for reporting Sanitary Code problems to the government. Shutting off your heat to punish you for using your rights is illegal. If your landlord does something like that within 6 months of you using your rights, a court will assume it was punishment. Your landlord then has to prove otherwise.

   Source:

   1. State Sanitary Code, Massachusetts Attorney General. A government guide.
7. 7

   You may be able to hold back part of your rent or move out, even if you signed a lease. Talk to a lawyer or legal services before you do either one.

   Source:

   1. State Sanitary Code, Massachusetts Attorney General. A government guide.