Can a tenant withhold rent for repairs in Massachusetts?
In Massachusetts, a tenant sued for possession after a notice to quit for nonpayment, or after a no-fault termination, may raise the condition of the premises as a defense or counterclaim, and there is no eviction while the claim is pending, if the landlord knew of the conditions before the tenant fell behind on rent. Relief also requires that the landlord not show the tenant or someone under the tenant’s control caused the conditions, that the premises are not in a hotel or motel or in a lodging or rooming house occupied for less than three consecutive months, and that the landlord not show the conditions cannot be remedied without vacating the premises. Proof of a violation of the state sanitary code or building code that may endanger or materially impair health, safety or well-being creates a presumption that the conditions entitle the tenant to the defense, and proof of written notice to the landlord of a board of health inspection creates a presumption that the landlord knew of the conditions. The court may require the tenant to pay the clerk of the court the fair value of the use and occupation, less any amount awarded to the tenant, and those funds may be spent on repairs as the court directs. After the landlord starts the case, a tenant may voluntarily deposit disputed rent with the clerk. A lease clause waiving this section is void. Repair-and-deduct is a different remedy with its own rules. This is M.G.L. c. 239, § 8A.
| What | Massachusetts |
|---|---|
| Rent withholding | Withhold; landlord must have known before arrears |
| How it works | The tenant may withhold rent after the required notice |
What the statute says
“… brought pursuant to a notice to quit for nonpayment of rent, or where the tenancy has been terminated without fault of the tenant or occupant, the tenant or occupant shall be entitled to raise, by defense or counterclaim, any claim against the plaintiff …”
Quoted word for word from the section’s text.
Source
M.G.L. c. 239, § 8A
Read the statute in the General Laws of Massachusetts (Massachusetts Legislature): malegislature.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Guides on this rule
- Rent Withholding Laws by State: When Tenants Can Withhold Rent — When a tenant may withhold rent or pay it into escrow over repairs, with the notice and conditions in each of the 19 states with a statute.
Compare this rule in every state
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The same question in other states
- California
- Connecticut
- Delaware
- Florida
- Maryland
- Michigan
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York