Can I Withhold Rent for Repairs in Massachusetts?

If you're having a hard time getting your landlord to repair something in your apartment—and it's a serious issue that would be really expensive to fix—then you can consider withholding rent. Massachusetts law allows certain tenants to stop paying some (or even all) of their rent until the landlord resolves the issue.

But don't take this step lightly. Your landlord could take you to court for not paying rent, so you want to be 100% sure the judge will rule in your favor.

When is it legal for me to withhold rent?

Massachusetts law¹ gives you the right to withhold rent until repairs are made in your home as long as:

• The problem violates Massachusetts's implied warranty of habitability and this has been certified by a member of the board of health (or, if you’re in Boston, Worcester, or Cambridge, by a housing commissioner or a court)
• You've notified your landlord in writing of the necessary repairs
• Your landlord can't prove that the unit has to be permanently vacated in order for the repairs to be made
• You initially made the request for repairs before you owed your landlord any rent

How much rent can I withhold?

You can withhold the difference between the monthly rent and the fair value of the rental unit taking into account the problem and any amount that you spent to fix the problem if you chose to repair it yourself.

Where should I store the rent money?

You can store it where you like—but make sure you don't spend it. If you end up in court, then you may be required to hand over the amount that you withheld in rent. Then, you'll also be asked to pay the clerk any installments of future rent at the fair value amount that you decided on. When the court finds that everything was repaired, they will transfer the funds to your landlord.

What if my lease says I'm not allowed to withhold rent?

If any part of your lease claims to waive this right, it’s voided by Massachusetts state law. You're always allowed to withhold rent if your unit has become uninhabitable.

Next steps

Double-check that the issue with your rental is covered by the warranty of habitability. Then, figure out if you can make the repair yourself and deduct the cost from your rent. Or, if the issue is really serious, you could consider constructive eviction.

[1] Massachusetts General Law c. 239 §8