All tenants have the right to live in a safe and habitable place. You do not need a lease to have this right. If your landlord knows about a dangerous or unhealthy problem in your apartment or building and they don't fix it, they are breaking the law.
Use UpToCode to document bad conditions and take action to get the repairs made.
The Massachusetts Sanitary Code sets minimum requirements for housing. For example, all rental housing must have heat, hot water, and electricity. Kitchens and bathrooms must have sinks with running water. Unit doors and windows must have locks.
If you have a more serious problem like no heat, hot water, or working plumbing, the landlord must make a good faith effort to fix the problem within 24 hours of notice from a Board of Health.
To learn about the conditions your apartment must meet, see the Housing Code Checklist.
If something in your apartment needs repair:
- Tell your landlord as soon as possible. The best way to do that is in writing (including email).
- Ask your landlord when a repair person will be coming to fix the problem. It is important for you, or someone, to be home so you can make sure the repair person can get into the apartment.
Your landlord must fix the problem within a reasonable period of time.
If your landlord refuses to make the repairs, you can call your town or city's Board of Health to ask for an inspection. A housing inspector will examine your home to see if it follows the state Sanitary Code. If there are violations, an inspector can order your landlord to make repairs within a certain time. In many cases, landlords will make the repairs. See What can I do if my landlord refuses to make repairs?
Protect Yourself: Document the Problem
Take photos or videos of the problems. Write down the date and time when you took the photo or video.
Communicate with your landlord in writing, like email and text. This way, you have a record of what you told your landlord and when.
You can use UpToCode to document bad conditions and take action to get the repairs made.
Board of Health housing inspections are free. If you ask for an inspection, you should:
- Be prepared. Before the inspection, fill out the Housing Code Checklist.
- Clean your home. Make sure hallways and doors are not blocked, and trash is taken out so you do not get in trouble for Sanitary Code violations.
- Be there. If you cannot be there when the inspector comes, arrange for someone else to be there. Leave a note that says this person has your permission to let the inspector inspect your home.
- Ask for a complete inspection. Ask for inspection inside your apartment, outside of the building, and in all common areas.
- Point out problems. If the inspector misses a problem, point it out so it's in the report.
- Ask for a copy of the inspector’s report. If your apartment or building needs serious repairs, the inspector must send a repair order to your landlord within 12 hours.
- Follow up. If the landlord doesn't make repairs by the date and time on the order, contact the inspector and ask for a re-inspection.
If you have told your landlord about a problem (and remember it is best to do this in writing) or the landlord has been ordered by the Board of Health to make repairs, and the landlord refuses to make repairs, you have the right to do these things:
Withhold rent. You can withhold the rent or part of it until the landlord makes the repairs. They may try to evict you. To protect yourself from eviction:
- Put the rent money you withhold in a separate bank account. Keep it separate from your other accounts so you have this money if your landlord takes you to court.
- Before you are behind in rent, write your landlord a letter, list the repairs needed, and say you will withhold rent until the problems are fixed. Keep a copy of your letter in a safe place.
If you do not know if you can withhold rent, see: When You Can Withhold Rent.
- Repair and deduct. Get the repairs made and deduct (subtract) the cost from your rent. This can be complicated, and you must follow the law, including getting a Board of Health report.
- Join with tenants. If other tenants need repairs, work together on solutions.
- Break your lease. If your landlord refuses to fix serious problems, you may be able to break your lease. This means moving out before the end date on your lease and not paying rent after you leave. You must get a housing inspection before you move out. This will protect you if the landlord sues you for breaking your lease.
- Take your landlord to court. If you prove the landlord broke the law, a judge may order them to make repairs or pay you money for bad conditions. Or the judge may order a temporary landlord called a “receiver” to make the repairs.
To learn more, see Options if your Landlord Refuses to Make Repairs.
Yes. The purpose of the state Sanitary Code is to protect your health, safety, and well-being. It applies to you whether you have a lease or not.
No. It is illegal for a landlord to evict you, raise your rent, or make a major change in your rental agreement because you:
- Ask in writing for needed repairs,
- Report bad conditions in your apartment or building to the Board of Health or other local officials,
- Join a tenants’ organization, or
- Withhold rent because of bad conditions.
To learn more, see Retaliation.
The Massachusetts Sanitary Code sets minimum requirements for housing. For example, all rental housing must have heat, hot water, and electricity. Kitchens and bathrooms must have sinks with running water. Unit doors and windows must have locks.
If you have a more serious problem like no heat, hot water, or working plumbing, the landlord must make a good faith effort to fix the problem within 24 hours of notice from a Board of Health.
To learn about the conditions your apartment must meet, see the Housing Code Checklist.
If something in your apartment needs repair:
- Tell your landlord as soon as possible. The best way to do that is in writing (including email).
- Ask your landlord when a repair person will be coming to fix the problem. It is important for you, or someone, to be home so you can make sure the repair person can get into the apartment.
Your landlord must fix the problem within a reasonable period of time.
If your landlord refuses to make the repairs, you can call your town or city's Board of Health to ask for an inspection. A housing inspector will examine your home to see if it follows the state Sanitary Code. If there are violations, an inspector can order your landlord to make repairs within a certain time. In many cases, landlords will make the repairs. See What can I do if my landlord refuses to make repairs?
Protect Yourself: Document the Problem
Take photos or videos of the problems. Write down the date and time when you took the photo or video.
Communicate with your landlord in writing, like email and text. This way, you have a record of what you told your landlord and when.
You can use UpToCode to document bad conditions and take action to get the repairs made.
Board of Health housing inspections are free. If you ask for an inspection, you should:
- Be prepared. Before the inspection, fill out the Housing Code Checklist.
- Clean your home. Make sure hallways and doors are not blocked, and trash is taken out so you do not get in trouble for Sanitary Code violations.
- Be there. If you cannot be there when the inspector comes, arrange for someone else to be there. Leave a note that says this person has your permission to let the inspector inspect your home.
- Ask for a complete inspection. Ask for inspection inside your apartment, outside of the building, and in all common areas.
- Point out problems. If the inspector misses a problem, point it out so it's in the report.
- Ask for a copy of the inspector’s report. If your apartment or building needs serious repairs, the inspector must send a repair order to your landlord within 12 hours.
- Follow up. If the landlord doesn't make repairs by the date and time on the order, contact the inspector and ask for a re-inspection.
If you have told your landlord about a problem (and remember it is best to do this in writing) or the landlord has been ordered by the Board of Health to make repairs, and the landlord refuses to make repairs, you have the right to do these things:
Withhold rent. You can withhold the rent or part of it until the landlord makes the repairs. They may try to evict you. To protect yourself from eviction:
- Put the rent money you withhold in a separate bank account. Keep it separate from your other accounts so you have this money if your landlord takes you to court.
- Before you are behind in rent, write your landlord a letter, list the repairs needed, and say you will withhold rent until the problems are fixed. Keep a copy of your letter in a safe place.
If you do not know if you can withhold rent, see: When You Can Withhold Rent.
- Repair and deduct. Get the repairs made and deduct (subtract) the cost from your rent. This can be complicated, and you must follow the law, including getting a Board of Health report.
- Join with tenants. If other tenants need repairs, work together on solutions.
- Break your lease. If your landlord refuses to fix serious problems, you may be able to break your lease. This means moving out before the end date on your lease and not paying rent after you leave. You must get a housing inspection before you move out. This will protect you if the landlord sues you for breaking your lease.
- Take your landlord to court. If you prove the landlord broke the law, a judge may order them to make repairs or pay you money for bad conditions. Or the judge may order a temporary landlord called a “receiver” to make the repairs.
To learn more, see Options if your Landlord Refuses to Make Repairs.
Yes. The purpose of the state Sanitary Code is to protect your health, safety, and well-being. It applies to you whether you have a lease or not.
No. It is illegal for a landlord to evict you, raise your rent, or make a major change in your rental agreement because you:
- Ask in writing for needed repairs,
- Report bad conditions in your apartment or building to the Board of Health or other local officials,
- Join a tenants’ organization, or
- Withhold rent because of bad conditions.
To learn more, see Retaliation.
This article is an overview. For more detailed information, see Legal Tactics, Chapter 8: Getting Repairs Made.
The Massachusetts Sanitary Code sets minimum requirements for housing. To learn about the conditions your apartment must meet, get the Housing Code Checklist (Booklet 2).