Massachusetts Warranty of Habitability: Landlord & Tenant FAQs

Last Updated: May 30, 2024 by Roberto Valenzuela

In Massachusetts, a landlord’s obligation for providing a habitable living space is primarily governed by MA Gen. Law §111-127A. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts	Answer
Landlord Responsibilities	Windows/Doors, Roof/Walls, Hot/Cold Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Stairs/Railings, Floors, Fire Exits, Carbon Monoxide/Smoke Detectors.
Time Limit for Repairs	“Reasonable” Time (usually within 14 days)
Tenant Recourse Options	Withhold Rent: Yes Repair & Deduct: Yes

Applicable Dwelling Types in Massachusetts

The implied warranty of habitability in Massachusetts does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type	Landlord/Tenant Laws Apply?
Single family	Yes
Multi-family	Yes
Fraternities/Sororities/Clubs	No
RV parks	Yes, within certain limits
Mobile home parks	Yes, within certain limits
Condos	Not specifically addressed
Hotels/Motels	No

Landlord Responsibilities in Massachusetts

The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Massachusetts, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue	Landlord Responsibility?
Provide windows and doors that are in good repair	Yes
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks	Yes
Provide hot and cold running water	Yes
Provide working HVAC equipment	AC not required
Provide working plumbing and electrical wiring/outlets/ lighting	Yes
Provide working gas lines if used for utilities/cooking	Yes
Provide working sanitation facilities (bathtub/shower, toilet)	Yes
Provide a trash can (for trash pickup services)	Multi-family units only
Ensure that any stairs and railings are safe	Yes
Ensure that all floors are in good condition and safe	Yes
Provide fire exits that are usable, safe, and clean	Yes
Ensure storage areas, including garages and basements, do not house combustible materials	Not addressed
Provide working smoke detectors	Yes
Provide a mailbox	Not addressed
Provide working wiring for one telephone jack	Not addressed
Provide working kitchen appliances	Yes, By Default
Provide working carbon monoxide detector	Yes
Provide a working washer/dryer	No

Lead-Based Paint

For any properties built prior to 1978, landlords must provide tenants with a written lead-based paint disclosure prior to signing the lease.

However, the landlord is not required to remove any lead-based paint on the premises unless children under the age of six will be living in the unit.

Kitchen Appliances

Kitchens must have a stove, an oven of at least 1.7 cubic feet of cooking space, and a refrigerator with at least 11 cubic feet of storage. The landlord must provide and maintain these, unless the tenant explicitly agrees to do so by the terms of a written lease.

In addition, kitchen sinks must be large enough to wash dishes.

Security

Landlords must also provide working locks for all windows and doors, including interior doors, as necessary. The law requires screens of at least 16 mesh per square inch on all exterior windows between April 1 and October 31 of each year.

Rodents, Skunks, and Insect Infestations

It’s the landlord’s responsibility to ensure that all rental properties with two or more units are free from rodents, skunks, and insect infestations, including cockroaches. Before any new occupancy, the owner of a property must inspect for pests. Inspection reports must be made available to state officials upon request.

Mold

Landlords are required to prevent “chronic dampness” in rental units, which includes mold. They also must ensure rental units are adequately mold-proofed, and must clean excess moisture from a leak or flood within 48 hours of the event ending, or receiving notice about the event (whichever is sooner).

Snow Removal

Any exit used (or intended to be used) by a tenant of more than one dwelling unit shall be maintained by the landlord free from obstruction.

Repairs, Recourse and Retaliation in Massachusetts

If a rental property is in violation of the implied warranty of habitability in Massachusetts, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.

Requesting Repairs in Massachusetts

Massachusetts tenants must request repairs through registered or certified mail, although the landlord is also considered to be on proper notice of a particular need for repairs after the government has cited a specific health violation on the property.

Renter’s Rights if Repairs Aren’t Made in Massachusetts

Massachusetts renters have the right to repairs for issues affecting health and safety, except issues they caused themselves. The landlord gets a “reasonable time” after proper written notice to perform repairs (usually within a maximum of 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. Read More

Landlord Retaliation in Massachusetts

Massachusetts landlords aren’t allowed to retaliate by substantially changing rental terms against tenants who have taken one of these actions in the past six months:

Participating in government actions relating to the tenancy.
Asserting rights to gas and electric service.
Complaining to landlord or government about mismanagement.
Participating in tenant organizations.

Non-retaliatory, good-faith intentions fall under an exception. For example, a proportionate increase in rent following an increase in property tax isn’t retaliatory.

Tenants can respond to retaliation by suing the landlord for damages plus court costs and attorney fees. Retaliation is also a defense against landlord actions like eviction.

Sources

1 105 Mass. Reg. 410.100: (A) For dwelling units and shared kitchen facilities, the owner shall provide and maintain, in compliance with the manufacturer’s intended use, the following facilities suitable to store, prepare and serve foods in a sanitary manner:

(1) Cabinets, pantry or shelving;

(2) A countertop;

(3) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils;

(4) The space and proper facilities for the installation of a refrigerator with freezer, cooktop and oven;

(5) A conventional cooktop and oven unit with at least 1.7 cubic feet of oven area except and to the extent the occupant is required to provide and maintain these items under a written rental agreement; and

(6) A refrigerator with freezer containing a combined storage area of at least 11.0 cubic feet except and to the extent the occupant is required to provide and maintain these items under a written rental agreement.

Source Link
2 105 Mass. Reg. 410.540: (A) The owner shall provide and install screens for exterior openable windows so that:

(1) They are in place during the period from April 1^st through October 31^st in each year;

(2) They are no less than 16 mesh per square inch;

(3) They cover that part of the window designed to be opened, except in double hung windows where half screens shall meet this requirement; and

(4) They are tight fitting and prevent the entrance of pests.

(B) Expandable, temporary screens shall not satisfy the requirements of 105 CMR 410.540(A).

(C) The owner shall provide and install screen doors for all doorways opening directly to the outside from any dwelling unit or rooming unit where the screen doors will be permitted to slide to the side or open in an outward direction so that:

(1) They are in place during the period from April 1^st through October 31^st in each year;

(2) They are 16 mesh per square inch;

(3) They are equipped with a self-closing device except where the screen is designed to open to the side; and

(4) They are tight fitting and prevent the entrance of pests.

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3 105 Mass. Reg. 410.550(F) & (G): (F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish pest management policies that include periodic inspection for pest infestation as outlined in 105 CMR 410.550(G).

(G) Owners shall make the documented inspection results and actions taken available upon request by the board of health. Documentation shall include:

(1) Monitoring the presence of pests;

(2) Eliminating entry points for pests;

(3) Documenting results of the inspection; and

(4) Documenting actions taken as a result of the inspection to include:

(a) Repairs made;

(b) Location of pesticides applied and by whom; and

(c) Date and results of a follow-up inspection.

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4 105 Mass. Reg. 410.500: (A) Every owner of a residence shall maintain all buildings and structural elements in compliance with accepted standards so they are in good repair and in every way fit for the intended use, including:

(1) Protected from wind, rain and snow, and are watertight, free from excess moisture or the appearance of mold, and pest resistant; and

(2) Free from holes, cracks, loose plaster, or defects that render the area difficult to keep clean, create an injury risk, or provide an entry or harborage for pests.

(B) In the event of leaks and flooding, the owner shall ensure all surfaces have been dried within 48 hours from the time they are notified or the end of the event, whichever is sooner.

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