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Massachusetts Stipulation for Rent, Repairs and Review
State:
Massachusetts
Control #:
MA-H-SP-008
Format:
PDF
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FAQ
You can't be forced to do repairs that are your landlord's responsibility. If you damage another tenant's flat, eg if water leaks into another flat from an overflowing bath, you're responsible for paying for the repairs. You're also responsible for paying to put right any damage caused by your family and friends.
In general, tenants do not have the right to withhold rent if the landlord does not carry out repairs.In certain circumstances, however, a tenant can pay for repairs and deduct the cost from future rent.
Property Needs to Meet Local Health and Building Codes. Visible Mold. Pests. Changing Locks. Heat, Electric, Hot and Cold Water. Structural Integrity and Weather Protected. Regularly Discarding Trash. Damage Caused by the Tenant or Their Guests.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
Your landlord is always responsible for repairs to: the property's structure and exterior. basins, sinks, baths and other sanitary fittings including pipes and drains. heating and hot water.
The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)
Tenant Rights to Withhold Rent in MassachusettsTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater.
In general, tenants do not have the right to withhold rent if the landlord does not carry out repairs. Doing so could jeopardise the tenant's right to remain in the accommodation. In certain circumstances, however, a tenant can pay for repairs and deduct the cost from future rent.
Your landlord has to keep your home in a good condition and do repairs if you need them. They can't make you leave your home just for asking for repairs to be done - your landlord has to follow a proper eviction process if they want you to leave.