Massachusetts Habitability Laws, Implied Warranty, and You [A Guide]
One thing you will learn when you go down the road of property management is that all states regulate basic habitability slightly differently. It makes sense that there are some regulations regarding how a landlord or property owner maintains their housing. They can’t leave them neglected. It is mostly regulated by the states, so the Massachusetts habitability laws are different than those in other states. From there, you’ll encounter concepts like the implied warranty of habitability and other related legal terms. There is a lot to understand.
Knowing your local habitability laws in incredibly important. The last thing you want is to allow any units you are in charge of fall outside of codes. And tenants should know their rights as far as what they can expect. Our Boston area property management includes keeping up-to-date on all such matters, especially since they can vary from one location to the other.
Table of Contents
- An Overview of Massachusetts Habitability Laws
- What is Considered Uninhabitable Living Conditions in Massachusetts?
- What is a Warranty of Habitability?
- Contact BMG to Help You Navigate These Waters
An Overview of Massachusetts Habitability Laws
It would help a lot of people asking related questions to go over a lot of the fundamentals. Let’s start here: landlords are legally required to maintain rental properties in a condition that is deemed healthy and safe. Seems simple, right? While we need to get that out of the way, of course, that leaves a lot of room for interpretation. As a matter of fact, a tenant can sue a landlord in Massachusetts for not providing such a thing. So right there, it’s obvious that understanding these things can have big implications.
This obligation – and it is an obligation – to keep their housing habitable is encapsulated in the implied warranty of habitability (see below), which spells out how a landlord must provide and maintain premises that are safe, sanitary, and fit for human habitation.
Conditions that fall under these physical health or safety regulations include such things as sewage backups, rodent infestations, or faulty wiring. Although those are a few examples, it is not an exhaustive list.
Tenants play a role in this process by promptly notifying landlords of problems or repairs that are needed. Massachusetts law stipulates that tenants must inform their landlords about issues that affect health or safety. This notification should be made in writing, specifying the needed repairs. Landlords are then expected to make a diligent effort to address these problems within a reasonable timeframe, typically 14 days.
What happens if a landlord doesn’t follow through on repairs? That can spell trouble for everyone involved and might even lead to legal issues. If a landlord ignores repair requests after being properly notified, tenants have a few options. They can seek a court order to force the landlord to make the repairs, handle the issue themselves and deduct the cost from their rent, or even end the lease agreement altogether. However, these actions are only available if the tenant has followed the proper process for reporting the problem.
There is more. Massachusetts law prohibits landlords from retaliating against tenants who request these types of repairs. Landlords should know what types of things might be considered retaliation. Sometimes it isn’t so clear.
What is Considered Uninhabitable Living Conditions in Massachusetts?
So what does it mean to be “uninhabitable”? Good question. It’s one of those types of words that need a legal definition. On top of that, does living in Massachusetts factor into the definition? Yes, it does. It’s always best to look at specific local laws and regulations to make sure you’re getting the most applicable language that affects you.
Rental property in Massachusetts is considered uninhabitable when the conditions of the place pose a serious risk to the health or safety of the people living there. The “implied warranty of habitability” requires landlords to keep rental units in safe, sanitary, and livable condition. That comes straight from Massachusetts law. It includes addressing major issues like structural problems, faulty plumbing or electrical systems, ongoing leaks, mold, or the lack of essential services such as heat or running water. That list doesn’t include everything – it’s not an exhaustive list – but it includes a number of the issues that come up often.
Tenants do have a role in this. They should notify their landlord or property manager. Massachusetts law requires landlords to act promptly, typically making repairs within 14 days of being notified. If a landlord fails to address the issues, tenants have options, such as making the repairs themselves and deducting the cost from their rent, requesting a court order to force the repairs, or even breaking the lease.
What is Implied Warranty of Habitability?
What exactly is an “implied warranty of habitability”? You’ve probably heard the term tossed around when people talk about rental housing, but let’s break it down. Simply put, it’s a legal rule that requires landlords to keep rental properties safe and livable. It’s called a “warranty” because it’s automatically included in every residential lease—no need for it to be explicitly mentioned. In other words, it’s just part of the deal when you sign a lease.
So, what does this actually cover? It means landlords must provide and maintain basic necessities like plumbing, heating, and electrical systems. These essentials aren’t just about being there; they need to work properly and be kept in good condition throughout the entire lease. Landlords can’t just fix things once and call it a day — they have an ongoing responsibility to handle problems that arise.
But it goes beyond just fixing broken pipes or heaters… landlords also have to comply with local housing codes and health regulations. For example, rental properties must be free of hazards like mold, lead-based paint, or carbon monoxide leaks that could pose risks to tenants’ health. If they don’t, tenants have options. They can report the issues, withhold rent, break the lease, or even take legal action to ensure the repairs get done. Ignoring these obligations can get landlords into serious trouble.
At its core, the warranty of habitability ensures tenants have a safe and livable place to call home. It also strikes a fair balance, holding landlords accountable while protecting tenants’ rights to quality housing.
Contact BMG to Help You Navigate These Waters
The truth is that these types of regulations and keeping up with them can be tricky to maintain and put into practice when you’re talking about a lot of units. Plus, with new industry guidelines evolving all the time – who needs the added stress?
Hiring an experienced and locally established property management company like Bay Property Management Group helps owners and landlords in the big scheme of things… it helps them not worry so much about these types of things. They can pass daily operations and compliance over to the experts. Our team of experienced property managers ensures your property remains legally compliant while keeping your best interests at the forefront. So give us a call today to learn more about the many benefits of quality full-service apartment management services in Boston, Austin, Georgia, Virginia, and other areas.
