Massachusetts Repairs & Tenant Remedies
Massachusetts rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. G.L. c. 111, § 127L
The rules in Massachusetts
| Repair and deduct | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. Not available for conditions caused by the tenant, the household, or guests, or if the tenant unreasonably denies access. The landlord may recover excessive deductions only in a contract action, not through eviction. Waivers are void, except in a lease of 2+ years where the tenant agrees to do specific repairs in exchange for substantially lower rent. Source: G.L. c. 111, § 127L |
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| Withholding rent | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. Proof of a code violation that may endanger health or safety creates a presumption that the conditions existed. Written notice of a board of health inspection creates a presumption that the landlord knew. Not available in hotels, motels, lodging houses, or rooming houses occupied less than 3 consecutive months. The AG advises tenants to get legal advice before withholding: https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights Source: G.L. c. 239, § 8A |
| Landlord retaliation | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. Retaliation is also an eviction defense. Lease waivers are void. Source: G.L. c. 186, § 18 |
Related questions
Massachusetts vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Massachusetts | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. G.L. c. 111, § 127L | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. G.L. c. 239, § 8A | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. G.L. c. 186, § 18 |
| Connecticut | Limited to essential services (heat, running water, hot water, electricity, gas, etc.). After notice, if landlord fails to supply an essential service, tenant may procure reasonable amounts and deduct the actual, reasonable cost from rent; or obtain substitute housing if not restored within 48 hours (rent abates); or, if the failure is wilful, terminate and recover the greater of 2 months' rent or double actual damages. Conn. Gen. Stat. § 47a-13 | Tenant may not simply withhold. Instead, after complaining to the municipal code agency at least 21 days earlier, the tenant may file a sworn complaint in Superior Court (housing session) and pay rent into court (deposit each month's rent with the clerk). Fee $25 (waivable); hearing within 14 days. Court can order repairs, appoint a receiver, and award damages including retroactive rent abatement. Not available if a valid nonpayment notice to quit was served first. Conn. Gen. Stat. § 47a-14h | Landlord may not sue for possession, raise rent, or reduce services within 6 months after the tenant in good faith: tries to remedy a code violation (including contacting officials or filing a fair rent commission complaint); triggers a municipal notice or order; requests repairs; files a § 47a-14h action; or organizes or joins a tenants' union. Exceptions include nonpayment, lease violations, and good-faith owner occupancy. Conn. Gen. Stat. §§ 47a-20, 47a-20a |
| New Hampshire | No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. RSA 540:13-d | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. RSA 540:13-a; RSA 540:13-b |
| New York | No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide | No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. N.Y. RPL § 235-b | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. N.Y. RPL § 223-b |
| Rhode Island | Yes, for repairs costing less than $500 in aggregate per year: tenant gives written notice; if the landlord does not comply (or show good-faith ongoing efforts) within 20 days, the tenant may have the work done in a skilled, code-compliant manner and deduct the actual reasonable cost after giving an itemized statement. R.I. Gen. Laws § 34-18-30 | No self-help withholding statute. In a nonpayment or rent action, the tenant may counterclaim for the landlord's noncompliance; the court may order rent paid into court and nets the amounts owed - if no rent remains due, judgment for possession goes to the tenant. R.I. Gen. Laws § 34-18-32 | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a code-enforcement agency, complained to the landlord about maintenance violations, organized or joined a tenants' union, or exercised other lawful rights. Retaliation is presumed if the tenant complained within 6 months before the landlord's action. R.I. Gen. Laws § 34-18-46 |
| Vermont | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459 | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. 9 V.S.A. 4458 | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). 9 V.S.A. 4465 |
City rules that may add to state law
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Massachusetts Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Massachusetts?
Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. (G.L. c. 111, § 127L)
Can a tenant withhold rent for repairs in Massachusetts?
Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. (G.L. c. 239, § 8A)
Can a landlord retaliate against a tenant for complaining in Massachusetts?
Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. (G.L. c. 186, § 18)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.