Massachusetts Tenant Conditions and Mold Documentation Checklist

Use this checklist if your apartment has mold, leaks, no heat, pests, or other serious conditions. Good documentation supports rent abatement, repair orders, and defenses in an eviction. For background, see warranty of habitability, mold claims, and quiet enjoyment.

1. Notify the Landlord in Writing

Describe each condition, where it is, and when it started.
Date the notice and keep a copy (email or text is acceptable; certified mail adds proof of delivery).
Send follow-ups if repairs do not happen, and keep every reply.

2. Document the Conditions

Take dated photos and video of mold, water staining, leaks, pests, and damaged belongings.
Record indoor temperatures if there is no heat.
Keep a written log of dates, conversations, and repair visits.
Save damaged items or photograph them before disposal.

3. Request a Board of Health Inspection

Contact your local Board of Health and ask for a State Sanitary Code (105 CMR 410) inspection.
Get a copy of the inspection report and any order to correct.
Allow reasonable access for repairs and keep a record of access you provided.

4. Protect Your Health

See a doctor if anyone has symptoms, and mention the conditions.
Keep medical records and bills.
If the unit becomes unsafe, ask about temporary relocation and keep receipts.

5. Be Careful With Rent

Do not withhold rent without legal advice.
If you withhold, consider setting the money aside so you can pay any balance a court finds due.
Never stop paying because a landlord demanded something unlawful without talking to a lawyer first.

6. Watch for Retaliation

Note the date of every complaint and inspection request.
Keep any notice to quit, rent increase, or reduction in services that follows a complaint.
Retaliation protections appear in G.L. c. 186, § 18 and G.L. c. 239, § 2A.

7. Know Your Deadlines

Answer any eviction summons by the deadline on the paperwork.
Many tenant claims carry three- or four-year limitations periods, but some deadlines are shorter.
Talk with a lawyer early, especially if an eviction has been filed.

Landlords

Owners can use the same checklist in reverse: log every complaint, respond in writing, document access and repairs, and keep contractor invoices. See real estate and landlord-tenant services.

Frequently Asked Questions

Why does written notice matter so much?

In a nonpayment eviction, a residential tenant can generally raise conditions as a defense only if the owner knew about them before the tenant fell behind in rent. Dated written notice is the clearest proof of knowledge.

How do I get a Board of Health inspection?

Contact your city or town Board of Health or inspectional services department and request a State Sanitary Code inspection. Ask for a copy of the written report.

Should I test for mold myself?

Home test kits are of limited value in court. Photographs, an inspection report, and, where injury is claimed, testing by a qualified professional are usually more useful.

Talk With a Massachusetts Landlord-Tenant Attorney

If you have a rental conditions question, call Muggeo & Associates at (978) 741-1177 or request a consultation online. We answer calls 24/7 and can also be reached at jared@ljmassoc.com. Our office is at 133 Washington Street, Salem, Massachusetts.

This page provides general information, not legal advice. Laws change and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.