Landlord Won't Make Repairs in Boston: What Can I Do?

What your landlord has to fix

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.

   Source:

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

   Your landlord must keep your home fit to live in the whole time you rent it. This right covers everyone living there, not just the person who signed the lease. This rule applies even though it is not written in your lease. It is called the "Warrant of Habitability."

   Source:

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

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

3. 3

   Your lease cannot make you pay to repair normal wear and tear (normal use over time). Your landlord cannot punish you for reporting Sanitary Code problems to the government. Your lease cannot stop you from suing your landlord or reporting Sanitary Code problems.

   Source:

   1. Terms of a rental agreement, Massachusetts Attorney General. A government guide.
   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

Get your home inspected

4. 4

   Tell your landlord about the problem first so they know what is wrong and can fix it. Give the landlord a reasonable amount of time to make repairs. If they do not comply, 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.

   Sources:

   1. Our editorial rules.
   2. State Sanitary Code, Massachusetts Attorney General. A government guide.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Massachusetts Legal Help.
   Tip.

   If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.

If it is still not fixed

5. 5

   You may be able to hold back part of your rent if the landlord does not keep the home fit to live in. You can also consider moving out, even if you signed a lease.

   Source:

   1. State Sanitary Code, Massachusetts Attorney General. A government guide.
   Your landlord can take you to court.

   If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

   From Massachusetts Department of Public Health.
   Your landlord can sue you for the rent.

   If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.