boston, third-floor walkup. heat broke april 4. been texting maintenance for 3 weeks. boiler issue. days have been getting warmer but nights are still 38-42°F. landlord keeps saying "the parts are on order, just deal with it for a few more days." we're using space heaters. electric bill jumped $180.
am i within my rights to withhold rent until heat is fixed? the lease says i can't but i thought habitability obligations override that?
MA Sanitary Code 410.200 requires landlords to provide heat from sept 16 to june 15 capable of maintaining 68°F day / 64°F night. you're solidly in heat season. this is a violation.
do NOT just withhold rent without legal cover — landlord can use that to evict. instead: (1) put your complaint in writing and send via certified mail, (2) call the city inspectional services dept (boston has one) to do a habitability inspection, (3) once cited, you have legal grounds for a rent reduction or escrow.
+1. inspectional services. they'll come out fast on a heat complaint. the landlord will almost certainly fix it within 48 hrs of the inspection because the fines are real.
A few additions:
The implied warranty of habitability under MA law (Boston Housing Court has a long line of cases) cannot be waived by lease language saying you can't withhold rent. But the proper procedure is to put the complaint in writing, allow a reasonable cure period (5-7 days for heat is reasonable in active heating season), and then either repair-and-deduct (with strict statutory limits) or escrow rent into a court-supervised account.
Document temperatures with timestamped photos of a thermometer, save your space heater electricity bills, and keep all communication. If this drags on past mid-May the case for damages strengthens. Informational only.