When something breaks in your rental

Report it in writing

Call or text if it is urgent, then follow up in writing the same day: an email or a message through the landlord’s portal. Say what is wrong, where, when it started, and when you can give access. Attach dated photos or a short video.

The written record matters later. Under chapter 111, section 127L, repair-and-deduct is only available after the owner has been notified in writing. In a rent withholding case under chapter 239, section 8A, the tenant has to show the owner knew of the problem before the rent fell behind.

For pests, note where and when you see them and photograph them. Store food in sealed containers and take the trash out regularly while you wait. Who arranges pest control depends on the type of building; the repairs guide explains the rule.

What counts as urgent

The State Sanitary Code names conditions that are always treated as possibly endangering health or safety. They include no heat, no hot or cold water for 24 hours or more, a shutoff of electricity, gas or water, a failed toilet or a broken entry lock, and pests attracted by uncollected refuse. The repairs guide has the full list, and the utilities guide has the heating season temperatures.

For these, call the landlord right away and keep trying the posted emergency number. An owner who does not live in the building must post a number that is checked at least every 12 hours. A landlord may enter without advance approval when a mechanical emergency could damage the building, so expect that if water is coming through a ceiling.

Ask for an inspection

If the landlord does not respond or the repair stalls, contact the local board of health. In Boston, housing code complaints go to Inspectional Services through BOS:311. Under the State Sanitary Code, the board must inspect on a request from an occupant, whether or not the occupant has told the owner, whether or not a dispute or eviction is pending, and even if the person asks to stay anonymous.

The inspection must happen within one business day when the complaint involves one of the urgent conditions, and within five business days otherwise. The inspector gives a verbal summary at the end and a written one on request, and the inspection report includes a copy of the occupants’ legal rights and responsibilities.

For urgent conditions, the order requires a good-faith effort to fix the problem within 24 hours of service. Other violations get up to 30 days. Keep a copy of the report; it is the strongest evidence you can have if the dispute goes further.

If repairs still do not happen

Massachusetts law gives tenants two remedies that involve rent. Both have conditions, both can be challenged by the landlord, and using either one wrongly can put a tenancy at risk. The Attorney General’s guide advises tenants to contact a private lawyer or legal services before withholding rent or moving out.

Rent withholding under chapter 239, section 8A, comes up as a defense or counterclaim when a landlord sues for possession after a notice to quit for nonpayment, or after ending the tenancy through no fault of the tenant. When the claim is about the condition of the home, it is available only if the owner, or whoever you pay rent to, knew of the conditions before you fell behind on rent; the conditions were not caused by you or someone acting under your control; and the landlord does not show that they cannot be fixed without the home being vacated. Moving out temporarily so lead paint can be removed or covered does not take that relief away. It does not apply in a hotel or motel, or to a rooming house stay of less than three months. A court may require the tenant to pay the rent, or part of it, into court while the case is pending, so many tenants set the withheld rent aside rather than spend it.

Repair and deduct under chapter 111, section 127L, is narrower. The violations must be ones that may endanger or materially impair health, safety or well-being, and they must be certified by the board of health or local code enforcement agency (in Boston, by the housing inspection commissioner) or by a court. The owner must have been told in writing and then failed to begin the repairs, or to contract in writing with a third party for them, within five days, and to substantially complete them within fourteen days. If the board or a court ordered a shorter deadline, that deadline applies. Only then may the tenant have the work done and deduct the cost from later rent, up to four months’ rent in any twelve-month period. The owner can recover any amount that is excessive or unreasonable, and the remedy does not cover conditions caused by the tenant or the tenant’s household or guests, or a tenant who unreasonably refused access.

Protection from retaliation

Under chapter 186, section 18, a landlord may not punish a tenant for reporting a code violation to the board of health or, in Boston, to housing inspection, for complaining to the landlord in writing, or for joining a tenants’ union. A landlord who does is liable for at least one and up to three months’ rent, or actual damages if greater, plus court costs and attorney’s fees.

If a landlord sends a termination notice for a reason other than nonpayment, raises the rent, or substantially changes the terms within six months of such a report or complaint, the law presumes it is retaliation. The landlord can overcome that presumption only with clear and convincing evidence of an independent reason, and of having taken the same step at the same time anyway.

Your side of the deal

Give access for repairs at reasonable times; the landlord should give at least 48 hours’ notice except in an emergency. Before a pest treatment, follow the applicator’s preparation instructions, which may include clearing cabinets or moving appliances away from the wall.

Use the home with reasonable care. Under the Attorney General’s guide, tenants are responsible for damage beyond normal wear and tear caused by them or their guests. Telling the landlord early about a small drip usually keeps it from becoming a ceiling repair that someone has to pay for. The landlord’s insurance does not cover your belongings; renters insurance is covered in the utilities and insurance guide.