Massachusetts legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Massachusetts Implied Warranty of Habitability
In Massachusetts, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Massachusetts
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | Usually | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | Yes | Yes |
| Light Fixtures | Yes | Yes |
| Landscaping | No | No |
| Garbage Removal | Usually | Usually |
| Garbage Pickup | Usually | Usually |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Massachusetts
Massachusetts landlords must provide heating during winter for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Massachusetts?
Massachusetts landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Massachusetts
Massachusetts landlords must keep plumbing in condition that safely supplies hot and cold water to the property, providing proper sewage and drainage connections for required fixtures.
Are Landlords Required To Provide Hot Water in Massachusetts?
Massachusetts landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Massachusetts?
Massachusetts landlords must fix clogs the renter didn’t cause, which keep the plumbing from being in proper working condition.
Are Landlords in Massachusetts Responsible for Fixing Leaks?
Massachusetts landlords must fix leaks the renter didn’t cause, which keep the plumbing from being in proper working condition.
Landlord Responsibilities for Kitchen Appliances in Massachusetts
Massachusetts landlords have a number of responsibilities regarding kitchen appliances. There’s no requirement for a dishwasher or microwave, but properties must have a kitchen sink and a space for a refrigerator. The landlord also has to provide a stove and oven, or connections for renters to install their own.
Landlord Responsibilities for Electrical Issues in Massachusetts
Massachusetts landlords are responsible for making sure there are no electrical issues that disable required electric lighting, or which otherwise endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Massachusetts?
Massachusetts landlords are responsible for replacing light bulbs in required fixtures.
Landlord Responsibilities for Garbage Removal in Massachusetts
Massachusetts landlords must provide and maintain outside garbage containers and removal services, except that renters are responsible for garbage in single-family residences and duplexes only.
Landlord Responsibilities for Landscaping in Massachusetts
Massachusetts landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to habitability.
Landlord Responsibilities Regarding Mold in Massachusetts
Massachusetts landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Massachusetts
Massachusetts landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Massachusetts
Massachusetts landlords are responsible for providing windows and weatherproof screens and other coverings, and maintaining them in proper condition.
Landlord Responsibilities Regarding Safety Devices in Massachusetts
Massachusetts landlords are responsible for ensuring that required smoke alarms and carbon monoxide (CO) detectors are installed at the beginning of a tenancy.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Massachusetts?
Massachusetts landlords must keep safety devices in operable condition, which means they are responsible for replacing batteries as necessary.
Landlord Responsibilities for Doors & Locks in Massachusetts
Massachusetts landlords are responsible for ensuring reasonably secure locks and keys on the property. The landlord also has to maintain provided doors in good repair.
Landlord Responsibilities for Washers and Dryers in Massachusetts
Massachusetts landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Massachusetts
Massachusetts renters have the right to repairs for issues affecting health and safety, except issues they caused themselves. Renters must exercise this right by notifying the landlord of the issue via registered or certified mail. The landlord gets a “reasonable time” after notice to perform repairs (usually within 14 days).
If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter might also repair and deduct, or withhold rent.
Sources
- 1 Simon v. Solomon, 385 Mass. 91, 97 (1982) (internal citations omitted)
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“We have held that every landlord that rents residential property warrants to its tenants that the premises will be delivered and maintained in a habitable condition. At a minimum, this warranty imposes on the landlord a duty to keep the dwelling in conformity with the State Sanitary Code. A landlord’s breach of this duty abates the tenant’s obligation to pay rent, even when the landlord is not at fault and has no reasonable opportunity to make repairs. Further, a landlord that fails to maintain a habitable dwelling for its tenant is liable for resulting personal injuries, at least when the landlord has failed to exercise reasonable care in maintenance.”
Source Link - 2 105 Code Mass. Reg. § 410.750(B) (2022)
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“The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises… Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202.”
Source Link - 3 105 Code Mass. Reg. § 410.750(A), (E), & (F) (2022)
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“The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises… Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer… Failure to provide a safe supply of water… Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300.”
Source Link - 4 Mass. Gen. Laws Chap. 186 § 19 (2022)
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“A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice… The notice requirement of this section shall be satisfied by a notice from a board of health or other code enforcement agency to a landlord or lessor of residential premises.”
Source Link - 5 105 Code Mass. Reg. § 410.100(A) (2022)
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“Every dwelling unit, and every rooming house where common cooking facilities are provided, shall contain suitable space to store, prepare and serve foods in a sanitary manner. The owner shall provide within this space: (1) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils; and (2) a stove and oven in good repair (see 105 CMR 410.351) except and to the extent the occupant is required to do so under a written letting agreement; and (3) space and proper facilities for the installation of a refrigerator.”
Source Link - 6 105 Code Mass. Reg. § 410.750(C) & (D) (2022)
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“The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises… Shutoff and/or failure to restore electricity, gas or water[, or] Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in common area required by 105 CMR 410.254.”
Source Link - 7 105 Code Mass. Reg. § 410.251-254 (2022)
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Massachusetts has detailed lighting requirements for bathroom areas, kitchen areas, passages, halls, and stairways, as well as other miscellaneous areas. The landlord is responsible for bulb maintenance on all required light fixtures. See 105 Code Mass. Reg. § 410.251-254 (2022)
Source Link - 8 105 Code Mass. Reg. § 410.600-602 (2022)
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Massachusetts has detailed requirements for how, where, and when garbage may be disposed. Except for single-family residences and duplexes, the landlord is responsible for ensuring garbage is properly collected and disposed. See 105 Code Mass. Reg. § 410.600-602 (2022)
Source Link - 9 105 Code Mass. Reg. § 410.500 (2022) See also 105 Code Mass. Reg. § 410.501 (2022)
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“Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage.” 105 Code Mass. Reg. § 410.500 (2022) See also 105 Code Mass. Reg. § 410.501 (2022) for detailed weatherproofing requirements.
Source Link - 10 105 Code Mass. Reg. § 410.750(N) (2022)
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“The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises… Failure to provide a smoke detector or carbon monoxide alarm required by 105 CMR 410.482.”
Source Link - 11 105 Code Mass. Reg. § 410.480 (2022)
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For detailed security requirements, see 105 Code Mass. Reg. § 410.480 (2022) (“The owner shall provide, install and maintain locks so that: Every dwelling unit shall be capable of being secured against unlawful entry… [and] Every openable exterior window shall be capable of being secured,” etc.)
Source Link - 12 105 Code Mass. Reg. § 410.351 (2022)
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“The owner shall install or cause to be installed, in accordance with accepted plumbing, gasfitting and electrical wiring standards, and shall maintain free from leaks, obstructions or other defects, the following: (A) all facilities and equipment which the owner is or may be required to provide… and (B) all owner-installed optional equipment, including but not limited to, refrigerators, dishwashers, clothes washing machines and dryers, garbage grinders, and submetering devices designed to measure the usage of electricity, gas or water.”
Source Link - 13 Mass. Gen. Laws. Chap. 186 § 14 (2022)
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“[A]ny lessor or landlord who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant, or who attempts to regain possession of such premises by force without benefit of judicial process, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six months. Any person who commits any act in violation of this section shall also be liable for actual and consequential damages or three month’s rent, whichever is greater, and the costs of the action, including a reasonable attorney’s fee, all of which may be applied in setoff to or in recoupment against any claim for rent owed or owing. The superior and district courts shall have jurisdiction in equity to restrain violations of this section.”
Source Link - 14 Mass. Gen. Laws Chap. 111 § 127L (2022)
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“When violations of the standards of fitness for human habitation… 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… 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… the tenant or tenants may repair or have repaired the defects or conditions constituting the violations. The tenant or tenants may subsequently deduct from any rent which may subsequently become due, subject to the provisions of the following paragraph, an amount necessary to pay for such repairs. The tenant or tenants may, alternatively in such cases, treat the lease or rental agreement as abrogated, pay only the fair value of their use and occupation and vacate the premises within a reasonable time. A tenant may not deduct pursuant to this section an amount greater than four months’ rent in any twelve-month period, or period of occupancy, whichever is shorter, from rent due to the owner.”
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