When The Landlord Will Not Fix It
G.L. c. 239, § 8A — conditions as a defense to eviction, and repair and deduct up to four months' rent
In Massachusetts, a tenant sued for possession for unpaid rent, or after a no fault termination, may raise any claim about the tenancy as a defense or counterclaim, including breach of warranty, and may claim the difference between the agreed rent and the fair value of the premises in their condition.
- The landlord, or whoever collects the rent, knew of the conditions before the tenant fell behind.
- The landlord does not show the tenant or someone under their control caused them.
- The premises are not a hotel or motel, or a rooming house occupied for less than three consecutive months.
- The landlord does not show the conditions cannot be fixed without the premises being vacated.
No eviction while the claim is pending. When a claim about conditions meets those four requirements, there is no recovery of possession until the case is finally decided. The court may have the tenant pay the fair value of the premises, less what the tenant is awarded, to the clerk, and that money can go to repairs.
When the board of health, code enforcement or a court certifies violations that endanger health or safety, and the landlord, notified in writing, has not begun repairs within five days or substantially finished them within fourteen days, the tenant may have the repairs made and deduct the cost from later rent, or treat the lease as ended, pay only fair value, and move out within a reasonable time.
The deduction is capped at four months' rent in any twelve month period. A certified inspection report is admissible and presumes the landlord knew of the conditions it names from the date the notice was received.
Sources for this section (2)
- G.L. c. 239, § 8A — Rent withholding for conditions that violate the code
- G.L. c. 111, § 127L — Repairs by tenants to cure violations; reimbursement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.