Q:
There are several problems in my apartment – including some faulty
wiring – that require repairs. The landlord keeps promising to do the
work, but hasn’t followed through and doesn’t seem particularly
willing to spend money on maintenance anyway. Can I legally hire
someone to do the repairs and deduct the cost from my rent?
A: Yes, under
some circumstances. The Massachusetts “repair and deduct” law allows
tenants to arrange and withhold rent to pay for essential repairs, but
only if the following conditions are met:
A state or local health authority
must have certified that the problem requiring repair constitutes a
potential threat to the “health, safety, or well being” of the
tenant.
The landlord must have received
written notification of the violation and failed to begin repairs
within five days of receiving that notice, or failed to complete the
repairs within 14 days (or any shorter period ordered by health
officials or a court).
The tenant must not have created the
conditions requiring repair.
The tenant must have given the
landlord reasonable access to make the repairs.
If you decide to exercise your rights
under this statute, bear in mind that the repair costs you deduct
can’t exceed four month’s rent in any 12-month period. Your landlord
won’t be able to recover the rent you apply to the repairs unless he
can show that the repair costs or the repairs were unreasonable.
