Tenant Rights During Building Repairs in Massachusetts

If you're renting in Massachusetts and your building is undergoing repairs, it's important to understand your legal protections. Landlords have responsibilities to maintain safe and habitable housing, but certain repairs can affect your comfort and rights. This guide outlines what you can expect, your tenant rights during building repairs, and steps to take if your rights are not respected.

Understanding Landlord Responsibilities for Repairs

Massachusetts law requires landlords to ensure that rental properties remain safe, sanitary, and fit to live in, even if repairs are underway. Major repairs—such as fixing heating systems, addressing structural damage, or remedying code violations—must be completed in a timely manner without unduly disrupting tenants' lives.^[1]

What Are Building Repairs?

• Emergency repairs (no heat, water, electricity, or sewage leaks)
• General maintenance (exterior repairs, window replacement, painting)
• Code compliance issues (e.g., mold removal, pest treatment, structural fixes)

Landlords must follow the Massachusetts Sanitary Code and local housing ordinances at all times. For a full list of habitability standards, see the Massachusetts State Sanitary Code.

Your Rights During Building Repairs

Even while repairs are underway, you still have important renter protections:

• Notice: Landlords must provide at least 24 hours' notice before entering your home for non-emergency repairs.
• Quiet Enjoyment: Work must be done as unintrusively as possible, maintaining reasonable privacy and daily life.
• Safety: Repairs cannot compromise your safety, cleanliness, or ability to use your home.
• Temporary Relocation: In rare cases where repairs make your home uninhabitable, landlords may have to cover the cost of temporary housing or reduce your rent.

Common Forms and How to Use Them

Several official forms safeguard Massachusetts tenants during building repairs. Here are the most commonly used, with explanations and official links:

• Massachusetts Consumer Complaint Form (AG-Complaint):
  • When to use: If your landlord fails to make necessary repairs or violates your rights, use this to file a complaint with the Attorney General’s Office.
  • Practical example: You notify your landlord about a broken heating system. If they do not fix it, file this form to seek enforcement.
  • Download Massachusetts Consumer Complaint Form (AG-Complaint)
• Board of Health Inspection Request:
  • When to use: If conditions are unsafe or uninhabitable (mold, unresolved leaks), request an inspection with your local Board of Health.
  • Practical example: Severe water damage goes unrepaired; you file this request, prompting an official inspection and enforcement process.
  • Find Your Local Board of Health
• Repair and Deduct Letter (No official form):
  • When to use: If your landlord refuses to fix severe code violations after reasonable notice, you may pay for repairs yourself and deduct the cost from your rent—only after following legal procedures.
  • Practical example: After giving written notice, you repair a faulty boiler and send your landlord receipts with your next rent payment.
  • See advice in the Repair and Deduct Guidance (Massachusetts Courts)

Which Tribunal Handles Disputes?

In Massachusetts, disputes related to tenant and landlord rights—such as improper repairs, habitability violations, or rent abatement—can be addressed through your local District Court Housing Session or the Massachusetts Housing Court, the state's official housing tribunal.

Steps to Take if Repairs Affect Your Tenancy

If repairs become extensive or disrupt your ability to live in your home, take these action steps:

• Document the repair issue (photos, notes, dates, communications).
• Notify your landlord in writing, specifying the issue and requesting a timeline for repairs.
• If unresolved, request an official inspection by your local Board of Health.
• For unaddressed problems, use the AG-Complaint form to report the landlord.
• If necessary, seek mediation or file a claim in Housing Court.

Always keep copies of all documents and correspondence for your records.

Frequently Asked Questions

1. Can my landlord enter my apartment for repairs without notice?
   Landlords must give at least 24 hours’ written notice before entering for repairs, except in emergencies (fire, flooding, etc.).
2. Do I get a rent reduction if repairs disrupt my living conditions?
   In some cases, yes. If repairs make part of your unit unlivable, you may request a "rent abatement" proportional to the disruption. It's best to document the issue and negotiate directly, or seek help from Housing Court if needed.
3. What if my landlord doesn’t fix serious problems?
   Start by writing a formal repair request. If the issue isn’t resolved, file a Board of Health Inspection Request or a complaint with the Attorney General's Office.
4. Can I withhold rent if my apartment needs major repairs?
   You may do so if your landlord fails to address code violations after reasonable notice, but you must strictly follow legal procedures. Improper withholding can lead to eviction, so consult official guidance or seek legal help.
5. How long must it take for repairs to be made?
   Urgent repairs (heat, water, electricity) should be addressed within 24 hours; other repairs should be done within a reasonable time, per state sanitary code guidelines.

Conclusion: What Renters Should Remember

• Landlords must keep your home safe and habitable during all repairs.
• You are entitled to notice, safety, and fair compensation if repairs are disruptive.
• If your rights are not respected, official forms, inspections, and courts are available to help.

Understanding your tenant protections ensures repairs are handled fairly and safely throughout Massachusetts.

Need Help? Resources for Renters

• Massachusetts Housing Court – Handles tenant/landlord disputes
• Massachusetts State Sanitary Code – Official housing standards
• Find Your Local Board of Health – Report habitability or health code issues
• Massachusetts Attorney General’s Office – File consumer or tenancy complaints
• Housing Consumer Education Centers – Free tenant counseling

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1. Massachusetts General Laws Chapter 186 - Landlord and Tenant
2. Massachusetts State Sanitary Code (105 CMR 410)
3. Massachusetts Housing Court

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