Massachusetts Renter Rights: Addressing Mold in Your Rental

Mold is a common concern for renters in Massachusetts, as it can impact both health and comfort at home. If you notice mold in your rental unit, it's important to know your rights under Massachusetts state law, what steps your landlord must take, and how to protect yourself. This guide outlines what tenants in Massachusetts should do when faced with mold problems, including how to notify your landlord and what official resources are available.

Your Right to a Safe and Habitable Home in Massachusetts

Massachusetts law requires landlords to provide homes that are fit for living, which means free from conditions that could harm health, such as mold. The legal term for this is the "warranty of habitability." This requirement is found in Massachusetts General Laws, Chapter 186, Section 14 and the state Sanitary Code.

• Landlords must keep rental units in good repair and correct problems that make the premises unsafe or unhealthy.
• This includes fixing leaks, addressing moisture issues, and cleaning up mold growth.
• If mold is present due to landlord neglect (for example, a leaky pipe that's not repaired), the landlord is typically responsible for cleanup and prevention.

What Is Considered a Health Violation?

The Massachusetts State Sanitary Code defines mold and excessive moisture as potential violations, especially if they create an unhealthy environment. City or town boards of health enforce these standards.

Steps to Take When You Find Mold

If you discover mold in your Massachusetts rental, follow these important steps to protect your home and your rights:

• Document the problem: Take clear photos or videos of the mold, water damage, or leaks.
• Notify your landlord in writing: Use a written notice, email, or letter. Be specific about the location and nature of the mold. This is helpful if you need to prove you asked for repairs.
• Give your landlord a reasonable time to fix the issue: Typically 14 days is considered reasonable for hazardous conditions, as outlined by state guidelines.
• Contact your local Board of Health: If your landlord doesn’t respond or take action, the next step is to call your municipal Board of Health. They can inspect the property and order repairs if violations are found. Find your local contact via the Massachusetts Department of Public Health.
• Keep all records: Save copies of all communications and inspection reports.

Official Forms and How to Use Them

• Request for Inspection (No official form number):
  When to Use: If your landlord doesn’t address mold, file a "Request for Inspection" with your local Board of Health. This can be a written or online request (varies by town or city).
  Example: If your landlord ignores your written notice about mold in your bathroom, you can ask your board of health to inspect.
  Request an Inspection from the Board of Health
• 14-Day Demand Letter for Repairs (No official form number):
  When to Use: This is a written notice you can send your landlord informing them of a major repair needed—such as mold removal—that makes your home unsafe.
  Example: You write a letter that clearly describes the mold, asks for a repair, and notes the date sent.
  Sample 14-Day Demand Letter
• Board of Health Inspection Report:
  When to Use: After an official inspection, request a copy of the report for your records and to support any further actions if needed.
  Example: If you apply to court or withhold rent, you may need this report as evidence.

What If Repairs Aren't Made?

If your landlord doesn't act after inspection and notification, Massachusetts allows tenants to:

• Withhold rent until serious habitability issues are fixed (be sure to keep the withheld funds separate and follow guidelines).
• Make repairs and deduct the cost from rent (if following legal procedures and it's an urgent health risk).
• File a claim in Housing Court for enforcement or to recover damages.

The Massachusetts Housing Court handles residential tenancy disputes. You can learn more or find your local court here.

The Relevant Massachusetts Legislation

• Massachusetts General Laws Chapter 186, Section 14: Landlord obligations
• Chapter 111, Section 127A: Local enforcement of health standards
• State Sanitary Code (105 CMR 410)

Frequently Asked Questions

1. Who is responsible for cleaning up mold in my rental?
   Usually, the landlord is responsible if the mold is caused by a repair or maintenance issue, such as a leaking roof or pipe.
2. Can I withhold rent if my landlord does not fix a mold problem?
   In some cases, Massachusetts law allows you to withhold rent for serious code violations, but you must follow proper procedures to protect yourself from eviction.
3. How do I request a health inspection for mold?
   Contact your local Board of Health and submit a "Request for Inspection"—many cities offer an online or phone request form.
4. What law protects me from landlord neglect of repairs?
   The Massachusetts General Laws and State Sanitary Code require landlords to fix unsafe conditions like mold.
5. Where can I get help if my landlord won’t act?
   You can contact your local Board of Health, tenant advocacy services, or Massachusetts Housing Court for support and enforcement.

Summary: Key Takeaways for Renters in Massachusetts

• You have the right to a home free from mold and unsafe conditions.
• Notify your landlord in writing and keep careful records.
• Use your local Board of Health for support if repairs are not made.
• Follow official steps and seek advice before withholding rent or making repairs yourself.

For most renters, following these steps—and knowing where to seek help—can lead to safer, healthier housing.

Need Help? Resources for Renters

• Massachusetts Department of Public Health: Health code questions and Board of Health directory
• How to Request an Inspection from the Board of Health
• Massachusetts Housing Court: Residential dispute resolution
• Massachusetts Attorney General’s Office: File a complaint about tenant rights violations
• MassLegalHelp: Plain-language guides on tenant rights and repairs

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1. Massachusetts General Laws Chapter 186, Section 14
2. Chapter 111, Section 127A
3. State Sanitary Code (105 CMR 410)
4. Massachusetts Housing Court
5. Massachusetts Department of Public Health

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