This article is written for the benefit of Massachusetts landlords, particularly for those working with residential tenants. The laws and regulations which landlords in Massachusetts must work within are many, and it is the aim of this article to provide some insight into what a civil lawsuit naming a violation of the warranty of habitability looks like.
What is the Warranty of Habitability?
In Massachusetts, a landlord must maintain conditions for tenants that are provide for the safety, health, and/or well-being of their tenants. Such a breach occurs the moment that a landlord becomes aware of any condition which impairs or endangers this warranty. Awareness, in this context, comes about when a landlord sees the condition, is told about the condition, or receives notice by the Massachusetts Board of Health or Department of Inspectional Services that such a condition exists.
What are the Effects of a Breach of the Warranty of Habitability?
Massachusetts courts have broad discretion when deciding what constitutes a breach of the warranty of habitability, but landlords should know that a tenant armed with a documented Sanitary Code violation or similar violation has a significant advantage in court because such a report may be used to substantiate the bad condition, or breach of warranty.
Judges in Massachusetts can award a reduction in rent based upon the time period that the condition existed for the tenant, tenants may qualify to cancel the lease, or may be entitled to the same by a court along with a partial rent refund for breach of the warranty of habitability.
While not a complete failsafe to liability for breach of the warranty of habitability, a Massachusetts landlord can at least mitigate the risks of such claims by ensuring that he or she makes a serious effort to remain up to date on the requirements on Massachusetts landlords in the Sanitary code, as well as any municipal or other regulations applicable to landlord-tenant relationships in the State.
What Factors Shape the View of the Seriousness of the Breach of the Warranty of Habitability
Massachusetts courts will consider the following when deciding whether the tenant should be allowed to breach the lease:
- How serious the conditions are and how what effect the condition has on the habitability of the unit
- How long the condition has lasted relative to how long the tenant has lived with the condition
- Whether the landlord could fix the condition within a reasonable period of time (where fixing means that the unit is then livable)
- Whether the tenant bears any responsibility for the defective condition causing lack of habitability
When the Tenant Moves Out
Prior to a court order, the tenant alleging a breach of the warranty of habitability is allowed to move out of the apartment. However, it is possible that a tenant moving out prematurely may be sued for lost rent until a replacement can be found. This premise works both ways, as it is also possible that if the condition causing the tenant to move out is later brought before a judge, the judge may decide the condition was sufficient to warrant moving out and that any unpaid is not due to the landlord. The long and short of the breach of warranty of habitability in Massachusetts with respect to a tenant that moves out or threatens to move out of the unit prior to lease end is that the landlord should make every effort to remedy the condition prior to the tenant moving out if possible.
Petition Against the Landlord
Keep in mind as well that the tenant has a right to petition the state to enforce the Sanitary Code. The net result of such a petition typically involves rent reduction during the time it takes the landlord to right the condition. A rent reduction order may apply not only to rent to be paid during the repairs, but also to rent previously paid, which may mean a back payment owed to the tenant.
The prudent landlord will try to avoid either a civil lawsuit of petition against him or her by keeping up with and avoiding Code violations. Still, there are times where even the best efforts of a landlord will not end up being timely enough for a tenant, or an informed tenant may take advantage of their knowledge of these laws and insist that a violation exists when it may not. If you are a Massachusetts landlord and you find yourself involved in this situation, please call our offices so that we may advise you as to the next step.
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