Housing · Repair and Deduct
Repair and Deduct in Massachusetts
How much of the rent a tenant can spend on a repair and subtract in Massachusetts, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Massachusetts
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| The violation must be officially certified | The remedy does not open on the tenant’s say-so. The violation must be certified by the board of health or local code enforcement agency, by the housing inspection commissioner in Boston, Worcester, or Cambridge, or by a court. |
| The landlord must miss the 5-day and 14-day deadlines | After written notice, the owner has five days to begin or contract for repairs and fourteen days to substantially complete them. Only if the owner fails both may the tenant act. |
| Cost cap: four months’ rent per 12 months | The deduction may not exceed four months’ rent in any 12-month period, or the period of occupancy if shorter, computed on the highest monthly rent during occupancy or the 12 months before the violation is repaired, whichever is shorter. |
| Shared cap in a multi-unit building | Where the violation affects more than one unit in a multi-unit structure, the total deducted by all affected tenants may not exceed four months’ rent due from all of them combined. |
| Limits and alternatives | What it means |
|---|---|
| No self-certification | A tenant cannot decide alone that the unit is uninhabitable. Without a certificate from the board of health, code enforcement, or a court, the four-months figure is out of reach. |
| The clock starts only after certification and notice | The 5-day and 14-day deadlines run from written notice following certification, so timing is everything. Acting before the deadlines pass defeats the deduction. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Massachusetts. This is legal information, not legal advice.
- Call the board of health or code enforcement
Ask the local board of health or code enforcement agency to inspect and certify the violation. That certificate is what unlocks the remedy.
- Give the landlord written notice
After certification, notify the landlord in writing. The five-day and fourteen-day repair deadlines run from that notice.
- Deduct only after both deadlines pass
If the owner fails to begin or contract within five days and to substantially complete within fourteen, you may repair and deduct up to four months’ rent, with receipts.
- Ask MassLegalHelp to confirm the steps
The certification process is exacting. MassLegalHelp or a licensed Massachusetts attorney can confirm your certificate, notice, and figure before you deduct.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ MassLegalHelpThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Massachusetts tenants get wrong about repair and deduct
Massachusetts offers four months’ rent, a figure that dwarfs every other state, and then gates it behind an inspection. Under G.L. c. 111, §127L, a tenant cannot decide for themselves that the flat is uninhabitable. The violation must first be certified by the board of health or the local code enforcement agency, by the housing inspection commissioner in Boston, Worcester, or Cambridge, or by a court. Only then does the clock start. The owner has five days after written notice to begin or contract for repairs and fourteen days to substantially complete them, and only if both deadlines are missed may the tenant repair and deduct. The allowance is capped at four months’ rent in any 12-month period, computed on the highest monthly rent during the occupancy or the twelve months before the violation is repaired, whichever is shorter, and in a multi-unit building the total for all affected tenants is capped at four months’ rent from all of them combined. This page is a process guide, not a number, because the number is unreachable without the certificate.
Common questions
How much can a tenant repair and deduct in Massachusetts?
Up to four months’ rent in any 12-month period under G.L. c. 111, §127L, the largest allowance in the country, but only after the violation is officially certified.
How do I get a violation certified in Massachusetts?
Ask the board of health or local code enforcement agency to inspect, or the housing inspection commissioner in Boston, Worcester, or Cambridge, or get a court to find the violation. The certificate unlocks the remedy.
What are the 5-day and 14-day deadlines in Massachusetts?
After written notice, the owner has five days to begin or contract for repairs and fourteen days to substantially complete them. Only if both are missed may the tenant repair and deduct.
What if the violation affects my neighbors too?
In a multi-unit building the total deducted by all affected tenants cannot exceed four months’ rent due from all of them combined, so the four-months cap is shared, not per unit.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.