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

What your landlord has to fix

1. 1

   Your landlord must give you a home that is safe, well kept, and follows the Massachusetts Sanitary Code. This code, 105 CMR 410, sets the minimum rules for what counts as a home that is safe and clean enough to live in. This applies everywhere in Massachusetts, not just certain cities.

   Source:

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

   Your lease cannot make you pay to fix normal wear and tear (ordinary damage from everyday use). Your lease cannot stop you from suing your landlord or reporting Sanitary Code problems to the government.

   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.

3. 3

   Your landlord cannot deliberately cut off necessary utilities (water, hot water, heat, electricity, gas) or services like the elevator when you need them. Doing this on purpose is a crime. Your landlord must pay you your actual losses or 3 months' rent, whichever is more. For example, 3 months of $1,500 rent is $4,500. You can also get your court costs and lawyer's fees back.

   Source:

   1. M.G.L. c. 186, § 14, Massachusetts General Court. Law.
4. 4

   Some Massachusetts cities add stricter repair rules than the state minimum. Check your city's guide on this site for local rules that may give you more protection.

   Source:

   1. Our editorial rules.

Ask in writing

5. 5

   The right to a safe home covers everyone living there, not just the person who signed the lease. Tell your landlord about the problem so they know what is wrong and can make repairs quickly.

   Source:

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

Get your home inspected

6. 6

   If your landlord does not fix the problem, you can ask an inspector from your local board of health to come look at your home. The inspector can order your landlord to fix anything that breaks the Sanitary Code. For very bad conditions, an inspector can order everyone to leave.

   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

7. 7

   If conditions in your home could hurt your health or safety, your board of health, code office, or a court must confirm this first. After your landlord gets written notice, they have 5 days to start repairs or sign a contract for the work. They then have until 14 days after the notice to finish. If they miss both deadlines, you can pay someone to fix it and take the cost out of your rent.

   Sources:

   1. Our editorial rules.
   2. M.G.L. c. 111, § 127L, Massachusetts General Court. Law.
   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.
   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.

8. 8

   You cannot take out more than 4 months of rent for these repairs in any 12-month period. For example, if your rent is $1,500 a month, the most you could take out in a year is $6,000 (4 times $1,500).

   Sources:

   1. Our editorial rules.
   2. M.G.L. c. 111, § 127L, Massachusetts General Court. Law.
9. 9

   If you take out too much, your landlord can sue you in court to get back the amount that was too high. A court will also look at whether the amount you took out made sense for the repair. Your landlord cannot use this to evict you, only to ask a court for the money back.

   Source:

   1. M.G.L. c. 111, § 127L, Massachusetts General Court. Law.
10. 10

    If your landlord will not make repairs, you may be able to hold back part of your rent or move out. This is true even if you have a lease.

    Source:

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

11. 11

    Your landlord cannot punish you for reporting a problem to the board of health, suing your landlord, or joining a tenants' group. Raising your rent, ending your lease, or changing your lease terms can count as punishment. If your landlord does one of these things within 6 months after you act, a court will assume it was retaliation. Your landlord must then prove it was not.

    Source:

    1. M.G.L. c. 186, § 18, Massachusetts General Court. Law.
12. 12

    If you win your case, a court can order your landlord to pay you money. You get between 1 and 3 months' rent, or your actual losses if that is higher. For example, a $1,500 monthly rent means $1,500 to $4,500. You also get your court costs and a lawyer's fee paid back.

    Source:

    1. M.G.L. c. 186, § 18, Massachusetts General Court. Law.