Legal Question in Landlord & Tenant Law in Massachusetts

A water line let go in the upstairs bathroom going down into the kitchen and then the basement. Drying crews were in and out of the home for four days. The landlord did not offer to put us up in a hotel and huge dehumidefiers and fans were running in the home for 3 and 1/2 days making sleep impossible. Plumber inspected the plumbing and said a lot of work needs to be done. Also tile floors are cracking in the 2 upstairs bathrooms making it a safety hazard. He was aware of them before we moved in but only opted to have them repaired after I told him I wanted them fixed. We have already had to seal cracks in the basement because we started getting water after rain. The toilets are not properly secured and the kitchen faucet is leaking everywhere. I believe the home should have been ready to live in before we started renting. Am I entitled to anything? And can I withhold any rent for time construction crews are in the home making repairs?


Asked on 3/11/10, 7:58 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

My advice would be to immediately contact Inspectional Services (or your local Board of Health) and request an inspection of the premises. Inspectional Services/Board of Health will notify the landlord of any sanitary/housing code violations and demand that they are immediately fixed.

If you have already provided the landlord with written notice of these issues, and they continue to go unaddressed, you have the option of withholding some portion of the rent to account for the diminished value of the leased premises.

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Answered on 3/16/10, 8:04 am


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