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Massachusetts Habitability / warranty of habitability

Last reviewed 2026-10-22

What is the warranty of habitability in Massachusetts?

Rental housing must meet the state sanitary code, which the Department of Public Health adopts under this section. Tenants facing eviction for nonpayment may raise breach of warranty and code violations as a defense or counterclaim (ch. 239 § 8A).

Verified Source: Mass. Gen. Laws ch. 111, § 127A; ch. 239, § 8A · last checked 2026-10-22

Same topic in neighboring states

All Massachusetts landlord-tenant law · Massachusetts landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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