What can I do if my landlord won't fix uninhabitable conditions in Massachusetts?

1. Implied Warranty of Habitability — Established in Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973). Cannot be waived. State Sanitary Code (105 CMR 410) defines minimum standards.

2. What Counts as Uninhabitable — 105 CMR 410 requires: heat (Sept 16-June 14, 68F day / 64F night); hot water (110-130F); kitchen with working sink, range, refrigerator; bathroom with working toilet, sink, tub/shower; weatherproofing; freedom from rodents/insects; lead-paint compliance; smoke and CO detectors.

3. Tenant Notice to Landlord — Written notice or local Board of Health inspection. Landlord has reasonable time (often 5-14 days; emergencies 24 hours).

4. Repair-and-Deduct — M.G.L. c. 111 § 127L allows tenant repair-and-deduct after Board of Health certifies condition violates Sanitary Code and landlord fails to act in 14 days; cap is 4 months' rent in any 12-month period.

5. Rent Withholding / Escrow — M.G.L. c. 239 § 8A permits rent withholding for habitability breaches as a defense to summary process; tenant should deposit withheld rent in escrow.

6. Constructive Eviction — Recognized; tenant may vacate and terminate where defects substantially interfere with use.

7. Affirmative Defense to Eviction — c. 239 § 8A makes habitability a complete defense and counterclaim to nonpayment summary process; court determines abatement.

8. Damages & Penalties — Rent abatement, actual damages, and under M.G.L. c. 93A (Consumer Protection Act), double or treble damages plus attorney fees for unfair/deceptive practices in housing (Leardi v. Brown, 394 Mass. 151 (1985)).

9. Retaliation Protection — M.G.L. c. 186 § 18 creates a 6-month rebuttable presumption of retaliation; damages of 1-3 months' rent plus costs and attorney fees.

This is legal information, not legal advice.