Your Right to Make Repairs and Pay Less Rent in Massachusetts

Massachusetts state law allows a tenant to make a repair and deduct the cost from their next rent payment, up to the amount equivalent to four months of rent if:

• The problem violates the Massachusetts warranty of habitability and this has been certified by either a member of the board of health or, if you’re in Boston, Worcester or Cambridge, by a housing commissioner or housing court.

• The tenant has notified the landlord in writing of needed repairs and the landlord has failed to begin the repairs within five days after such notice, or to substantially complete all necessary repairs within fourteen days after such notice.

  You cannot deduct more than four months' rent in any given twelve-month period or your period of occupancy – whichever is shorter.

The owner may also sue you to recover any excessive amount deducted from the rent to make the repairs if the amount was either unreasonable or exceeds four months of rent. However, they must first get a court order before they take any steps to recover these excess amounts.

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