All Massachusetts tenants have a right to a decent, safe, and sanitary place tolive. In Massachusetts, there are primarily four sources of law that give tenants this right:
- The state Sanitary Code,
- Local health ordinances,
- A warranty of habitability and
- The law of quiet enjoyment
State Sanitary Code
In Massachusetts, the state Sanitary Code is the primary source of law that gives tenants a right to decent housing. The purpose of the state Sanitary Code is to protect people’s health, safety, and well-being.
It sets the minimum legal standards that all landlords must meet, and it applies to you whether you have a lease or not. For example, all rental housing must have heat, hot water, and electricity. Kitchens and bathrooms must have sinks with running water. Doors and windows must have locks.
The state Sanitary Code outlines which violations a landlord must repair within 24 hours of being notified by the Board of Health, which violations must be repaired by the landlord within five days of being notified, and which violations must be repaired by the landlord within 30 days of being notified by the Board.
Local Health Ordinances
Cities and towns have the right to pass local health ordinances that are stricter than the state Sanitary Code. For example, in some cities and towns, local health ordinances require landlords to obtain a certificate of occupancy from a local Board of Health before renting. The reason for this requirement is to make sure that rental housing is safe.
If a city or town requires a certificate of occupancy and a landlord has not obtained one, the landlord is in violation of both the local health ordinance and the state Sanitary Code. If a landlord rents an apartment without getting a certificate of occupancy where it is required, she may be prohibited by a court from collecting rent that a tenant withholds for conditions that violate the state Sanitary Code.
Local health ordinances apply to tenants with leases and tenants without leases.
Warranty of Habitability
Like businesses which must guarantee the safety of products they sell, landlords in the business of renting property must guarantee that the apartments they rent are safe and habitable. This is called a warranty of habitability. Basically, this warranty recognizes that in return for your promise to pay rent, your landlord promises to keep your apartment in good condition.
The warranty of habitability applies whether you have a written lease or not. It is a right your landlord cannot ignore or take away from you. For example, it is illegal for a landlord to put a clause in your lease that denies you a warranty of habitability or that states that you are responsible for making all repairs. Also, a landlord cannot claim that she lowered the rent you were charged because of the bad conditions.
A landlord violates the warranty of habitability from the time she has knowledge of conditions that may endanger or impair your health, safety, or well-being.
When a landlord breaches the warranty of habitability, you have several options.
- You may be able to withhold your rent or deduct the cost of repairs from your rent.
- You can go to court and ask a judge to order your landlord to make repairs and reduce your rent until repairs are made.
- You can choose to cancel your lease or rental agreement and move out.
- You can go to court and ask a judge to cancel your lease or rental agreement and give you a full or partial refund of the rent money you have already paid.
Where a tenant claims that a landlord has breached the warranty of habitability, the courts have established a formula to calculate the damages. This amount is called the fair rental value.
The Law of Quiet Enjoyment
Some conditions are so serious that they may violate a state law that gives tenants a right to quiet enjoyment – the right to be free from unreasonable interference with the use of your home.
Your landlord violates your right to quiet enjoyment if she:
- Is required to furnish utilities or other services and she intentionally fails to provide them,
- Is required to provide utilities or other services and she directly or indirectly interferes with your getting them,
- Transfers the responsibility for payment for utilities to you without your consent or knowledge, or
- Intentionally interferes, in any way, with your quiet enjoyment of your apartment, including trying to evict you from your apartment without getting the court’s permission (lock out).
Under the right to quiet enjoyment law, if a landlord is in violation, you may sue her for money damages, which is your actual damages or three times your rent, whichever is more. A judge may also fine the landlord between $25-$300 per violation and put the landlord in jail for up to six months.
Tenants: If your landlord is not providing you with a decent place to live, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation to learn of your rights.