Emergency Repairs: Renter Rights & Steps in Massachusetts

When something breaks suddenly in your Massachusetts rental—like a burst pipe or a failed heating system during winter—knowing your rights and responsibilities is key. This guide explains when you can arrange emergency repairs yourself, what counts as an emergency, and what steps to take under Massachusetts law.

What Qualifies as an Emergency Repair in Massachusetts?

Not all repairs are considered emergencies under Massachusetts law. An emergency repair is usually needed immediately for your health or safety, or to prevent serious property damage. Examples include:

• No heat in winter (generally from September 16 to June 14)
• Major water leaks or broken pipes
• Sewer back-ups or flooding
• Unsafe electrical issues or total power outage (not caused by renter)
• No hot water
• Broken locks or doors affecting security

For less urgent issues—like a dripping faucet or a broken window screen—normal maintenance timelines apply.

Steps to Take Before Calling a Professional Yourself

Massachusetts law (see M.G.L. c. 186, § 14) requires renters to:

• Notify your landlord (in writing, if possible) about the emergency repair needed
• Give your landlord a "reasonable time" to fix the issue—usually 24 hours for emergencies

If your landlord does not respond or fix the issue in this timeframe, you may be able to arrange repairs and seek reimbursement in certain cases.

When Can You Arrange Emergency Repairs Yourself?

Massachusetts allows renters to "repair and deduct" if these conditions are met:

• The repair is required by the State Sanitary Code
• You have notified the landlord and allowed them reasonable time to fix it (usually 24 hours for serious code violations)
• You hire a licensed professional where required by law
• You provide the landlord with a copy of the repair bill and proof of payment

Renters can then deduct the repair cost from the next month's rent, up to a limit of one month's rent per repair, per occurrence.^[1]

Important: Use Caution With Self-Arranged Repairs

• If it's not truly an emergency, opting for "repair and deduct" may cause disputes with your landlord
• Always keep receipts, documentation, and communications about the repair
• Contact your local health or housing inspector if unsure

Official Massachusetts Forms for Renters: How and When To Use Them

• Code Violation/Inspection Request (No form number):
  Request a Housing Inspection from your local Board of Health or Inspectional Services Department if your landlord won't address emergency conditions. Example: If your heat is out in winter and the landlord has not responded within 24 hours, file this request to have an inspector document the violation.
• Notice of Withholding Rent (Optional Letter):
  No official state form, but a sample letter template can be found via the Massachusetts government and legal aid resources. Send this to the landlord if you intend to withhold rent due to non-repair, following the law strictly. Always seek advice before withholding rent.

Both steps help establish your good-faith effort and may be used later if a dispute arises. For more information, see the Massachusetts Consumer Affairs & Business Regulation guide to renter rights.

Which Tribunal Handles Disputes?

In Massachusetts, the main tribunal for housing disputes is the Massachusetts Housing Court. Renters and landlords can apply here for orders related to repairs, rent withholding, or eviction. Most cities also have a local health board for code enforcement.

Action Steps: What To Do During an Emergency Repair Situation

• 1. Notify your landlord about the emergency in writing (email, text, or letter)
• 2. If the landlord does not act within 24 hours (for emergencies), contact your local Board of Health to request an inspection
• 3. Keep written proof of notifications and any inspections
• 4. If allowed under the law, hire a licensed contractor to fix the problem—save all receipts and proof of payment
• 5. Notify your landlord in writing that you are deducting the repair cost from next month’s rent, and provide documentation
• 6. Seek advice or file with Housing Court if reimbursement is withheld or the landlord disputes your actions

If in doubt, contact your local Board of Health or a legal service before proceeding with “repair and deduct.” Acting improperly could risk eviction or future disputes.

1. Can I call an electrician or plumber myself for repairs?
   In an emergency (like loss of heat, major leaks, or unsafe wiring) and after notifying your landlord and giving a chance to fix the problem, you may hire a licensed professional and later deduct the cost from rent, as long as you follow all legal steps and limits.
2. What is "reasonable time" for my landlord to make emergency repairs?
   For urgent health and safety issues, Massachusetts generally considers 24 hours as a reasonable period. For less urgent problems, the timeline is longer.
3. What if my landlord refuses to reimburse me for a legal emergency repair?
   You can file a claim with your local Housing Court and should bring all documentation showing you followed legal steps, including notifications and repair bills.
4. Do I need to use a licensed contractor for emergency repairs?
   Yes, especially for work involving electricity, plumbing, heating, or any job that code requires a licensed technician. Otherwise, you may not be legally reimbursed.
5. Can I withhold rent if my landlord doesn't fix something?
   In some cases allowed by Massachusetts law (severe code violations affecting health/safety), you may withhold rent only after following strict procedures, including notifying the landlord and requesting an inspection. Always seek guidance before withholding rent.

Conclusion: Key Takeaways for Renters

• Notify your landlord immediately (and in writing) for all emergency repairs
• If the landlord fails to act, you may arrange certain repairs and deduct costs—only if you follow legal procedures precisely
• Contact your local Board of Health or the Massachusetts Housing Court for help with disputes or unresolved issues

Understanding your rights under the Massachusetts State Sanitary Code and landlord-tenant laws helps protect your home and peace of mind.

Need Help? Resources for Renters

• Massachusetts Housing Court – For filing repair-related claims or disputes
• Massachusetts State Sanitary Code – Full details of health and safety rental requirements
• Request a Housing Inspection – Contact your Board of Health for emergency code enforcement
• Massachusetts Consumer Affairs & Business Regulation – Renter and landlord rights information
• Mass Legal Help – Free legal information for low-income renters

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1. Massachusetts General Laws c. 186, § 14 – Tenant right to repair and deduct
2. Massachusetts State Sanitary Code (105 CMR 410)
3. Massachusetts Housing Court – Official site for housing disputes
4. Massachusetts Office of Consumer Affairs – Landlord and Tenant Rights

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