Legal Question in Landlord & Tenant Law in Massachusetts

Re: tenant's right to withhold rent

Probably not. Under the housing code, the landlord has to provide a heating system that allows you to maintain a mininum temperature in the rental unit. Unless a window is broken by no fault of yours, the landlord does not have to do anything beyond what the condition of the windows was at the time you entered into the rental agreement. You can test this by asking the local health/housing inspector do a review of your apartment and see what comes up as needing work by the landlord.

You can legally withhold rent only if there is a condition that makes the unit unsafe, and then you risk having to move out until repairs are made. You must also provide the landlord with a written notice of the condition to give him an opportunity to fix it. The board of health/housing inspector will notify the landlord if it finds anything wrong.

The landlord is responsible for the safety of the common areas, like the one around the dumpster, and any harm you suffer would be his responsibility to pay for. Again, it helps if you have given him written notice of the problem. You should take pictures or video of the area, especially if there are fallen limbs. The board of health can also document these problems and order the landlord to fix them.

You should send any written notices to the landlord via certified mail, return receipt requested. You may want to send a copy by regular mail in case he does not pick up the certified mail.