Thanks. Ok...I have set forth the landlord's duties and your rights with regard to this under the MA landlord tenant laws....

You are entitled to a safe and habitable living environment throughout your entire tenancy. The State Sanitary Code protects the health, safety and well-being of tenants and the general public (105 CMR 410). The local Boards of Health enforce the Code. (Note: In Boston, it is the Housing Inspection Department.) Copies of the Code may be purchased from the State House Bookstore, State House, Room 116, Boston, MA 02133,(NNN) NNN-NNNN

The following is a sampling of provisions outlined in the Code:

Water: The landlord must provide you with enough water, with adequate pressure, to meet your ordinary needs. Under certain limited circumstances, you can be charged for water costs so long as it is clearly noted in your written rental agreement and there is a separate meter for your unit. The landlord must also provide the facilities to heat the water at a temperature between 110º F and 130º F, however your written tenancy agreement or lease may require you to pay for and provide the fuel to heat the water.

Heat: The landlord must provide a heating system in good working order. The landlord must pay for the heat, unless your lease requires you to pay for it. From September 16 to June 14, every room must be heated to at least 68º F between 7:00 AM and 11 PM, and at least 64º F at all other hours. During the heating season, the maximum heat allowable in the apartment is 78º F.

Kitchens: The landlord must provide within the kitchen: a sink of sufficient size and capacity for washing dishes and kitchen utensils, a stove and oven in good repair (unless your written lease requires you to provide your own), and space and proper facilities for the installation of a refrigerator. The landlord does not have to provide a refrigerator. If a refrigerator is provided, however, the landlord must keep it in working order.

Cockroaches and Rodents: The landlord must maintain the unit free from rodents, cockroaches, and insect infestation, if there are two or more apartments in the building.

Structural Elements: Every landlord must maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of the dwelling so that it excludes wind, rain, and snow; is rodent-proof, weathertight, watertight, and free from chronic dampness; in good repair, and in every way fit for its intended use.

Snow Removal: Every exit used or intended for use by occupants of more than one dwelling unit or rooming unit shall be maintained free from obstruction.

Tenants' remedies

Rent Withholding

The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habit-ability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent.

You may withhold a portion of your rent if:

• You have appealed to your landlord in writing to make the necessary repairs or
• Your local Board of Health has inspected your apartment and found health code violations and notified your landlord or
• You are current in your rent up until the time your landlord learns of the problem, you are not the cause of the problem, and the unsanitary conditions do not require the apartment to be vacated to make repairs.

Deciding how much to withhold is based on each situation. You need only pay the fair rent for your unit given its defective condition. Once the landlord has repaired all defects, the tenant must pay all withheld rent (M.G.L. c. 239, § 8A).

You may make emergency repairs in an apartment or common living area and deduct up to four months future rent to pay for them, if three conditions are met:

• The local Board of Health or other code enforcement agency has certified that the present conditions endanger your health or safety; and
• The landlord receives written notice of the existing violations from the inspecting agency; and
• The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)

If you contract to make repairs and then deduct the cost from the rent, you must retain a receipt. Further, if the costs are deemed to be unreasonable, you will only be able to deduct that portion which is reasonable.

If you qualify under the requirements of "repair and deduct," you may treat your lease as void. You then have the right to move out if you choose not to make repairs. However, you must pay the fair rental value for the period you occupied the apartment, and you must vacate within a reasonable period of time (M.G.L. c. 111, § 127L).

I hope this has given you the guidance you were seeking. I wish you the best of luck!

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.