Breach of the Warranty of Habitability in Massachusetts

Every residential tenancy in Massachusetts carries an implied warranty of habitability: the landlord promises that the home is fit to live in and will be kept that way. When serious conditions such as no heat, leaks, mold, pest infestations, broken plumbing, or unsafe wiring go unrepaired, tenants may be entitled to rent abatement, repairs, and damages. Muggeo & Associates represents tenants and landlords in habitability disputes in Housing Court and District Court.

Where the Warranty Comes From

Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973). The Supreme Judicial Court held that a warranty of habitability is implied in residential leases and that the tenant’s obligation to pay rent depends on the landlord’s compliance.
State Sanitary Code (105 CMR 410). The Code sets the minimum standards, including heat, hot water, weathertight structure, safe electrical and plumbing systems, pest control, and moisture control. It was substantially revised effective April 1, 2023.
G.L. c. 239, § 8A. Lets a residential tenant raise conditions as a defense and counterclaim in a nonpayment or no-fault eviction.
G.L. c. 111, § 127L. Addresses a tenant’s right to repair and deduct in limited circumstances after a code violation is certified.

Conditions That Commonly Breach the Warranty

No heat or inadequate heat during the heating season
No hot water or no running water
Roof, window, or plumbing leaks and resulting mold
Rodent, cockroach, or bedbug infestations
Unsafe electrical wiring, missing smoke or carbon monoxide detectors
Broken entry locks, doors, or windows
Lead paint hazards in homes with young children
Structural defects, collapsed ceilings, or unsafe stairs

Remedies for Tenants

Rent abatement for the period the conditions existed
Defense and counterclaim in an eviction under G.L. c. 239, § 8A, which can allow the tenant to keep possession by paying any balance found due
Repair orders through the Board of Health or Housing Court
Damages under related claims such as breach of quiet enjoyment (G.L. c. 186, § 14) or G.L. c. 93A
Retaliation protection under G.L. c. 186, § 18 and G.L. c. 239, § 2A

Requirements Tenants Often Miss

To use conditions as a defense in a nonpayment case, the owner or agent generally must have known about the conditions before the tenant fell behind in rent, the tenant (or household or guests) must not have caused them, and the conditions must not be repairable only by entering the unit when the tenant refused access. Written, dated notice and a Board of Health inspection report are the best proof.

For Landlords

Habitability counterclaims can turn a simple nonpayment case into a claim that exceeds the rent owed. We help owners respond to repair requests, document access and repairs, assess counterclaim exposure, and resolve cases through settlement or trial.

We represent tenants, landlords, and property owners across the North Shore, including Salem, Peabody, Beverly, Lynn, Marblehead, Swampscott, Danvers, Gloucester, Newburyport, Lynnfield, and communities throughout the North Shore.

Frequently Asked Questions

What is the warranty of habitability in Massachusetts?

It is a promise implied in every residential tenancy that the premises are fit to live in and will be maintained that way. The Supreme Judicial Court recognized it in Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973). The State Sanitary Code is the main measure of minimum habitability.

Can a landlord waive the warranty of habitability in the lease?

No. Residential tenants cannot waive the warranty, and lease clauses that attempt to do so are not enforceable.

How is rent abatement calculated?

Courts generally reduce the rent by the difference between the rent agreed and the fair rental value of the unit with the defects, for the period the defects existed. Judges often apply a percentage reduction based on how serious the conditions were and how long they lasted.

Does the landlord have to be at fault?

Under Massachusetts law the warranty is breached when serious conditions exist and the landlord had notice, even if the landlord tried to fix them. Fault matters more for other claims, such as G.L. c. 93A or quiet enjoyment.

Can my landlord evict me for complaining about conditions?

Retaliation is prohibited. Under G.L. c. 186, § 18 and G.L. c. 239, § 2A, a tenant who reports code violations to a Board of Health or otherwise exercises legal rights may have a retaliation defense and a damages claim, and a presumption of retaliation can arise when the landlord acts within six months after the tenant’s protected activity.

Does the warranty of habitability apply to commercial leases?

Generally no. The implied warranty of habitability is a residential doctrine. Commercial tenants rely on the lease terms, the covenant of quiet enjoyment, and contract and 93A claims.

Talk With a Massachusetts Landlord-Tenant Attorney

If you have a habitability or repair 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.

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