Boston Repairs: Using the State Sanitary Code to Make Your Landlord Fix It
In Boston, the fastest way to get a stubborn landlord to fix no heat, a leak or mice isn't a louder text message. It's an inspection by the city's Inspectional Services Department, which turns your complaint into a written order with a legal deadline. Here's how that process works under the Massachusetts State Sanitary Code, and what you can do if the order is ignored.
AT A GLANCE
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Why the inspection matters more than your texts
The State Sanitary Code (105 CMR 410.000) sets the minimum standards for every rental home in Massachusetts. It says the owner is responsible for the maintenance and repairs needed to meet those standards, unless the code says otherwise. In Boston, the code is enforced by ISD rather than a separate board of health.
Telling your landlord first is still the right opening move. The Department of Public Health's tenant notice says to inform the landlord first and contact the local health department if they don't deal with it. But a text or a phone call doesn't start any legal clock. An ISD inspection does. The inspector documents the violations, and the landlord gets a written order with a deadline.
That paper becomes the foundation for nearly every stronger step. Under state law, proof that the landlord received written notice of an ISD inspection creates a presumption that they knew about the conditions on the date they received it.
A text message doesn't start any legal clock. An ISD inspection does.
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Step by step: getting an inspection in Boston
Put the problem in writing to your landlord. Date it, describe the problem, and keep a copy. A written complaint also matters for retaliation protection (more on that below).
Request an inspection through 311. Call 3-1-1 or 617-635-4500, use the BOS:311 app (which lets you upload photos), or submit a request online. 311's "Housing and Construction" category covers housing health concerns, and its "Utilities" category covers water, heating, gas or electric problems.
Say whether it's an emergency. If you have no heat, no hot water for 24 hours or more, no electricity, gas or water, a broken toilet, or a blocked exit, say so plainly. Those conditions trigger the one-business-day inspection deadline.
Ask for a comprehensive inspection. At the start of the visit, you have the right to ask the inspector to check your whole unit against the code, not just the problem you called about.
Get a summary before the inspector leaves. The code requires a verbal summary at the end of the visit, and a written summary if you ask for one. Ask.
Watch for the order. Orders must be in writing and include a copy of the inspection report and the state's Notice of Occupants' Legal Rights and Responsibilities. You should get a copy too.
The state code says the inspection must happen whether or not you've already told the owner, whether or not an eviction or other dispute is pending, and even if you ask to stay anonymous.
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The deadlines the code sets
Stage | Serious conditions (listed in 410.630) | Everything else |
|---|---|---|
Inspection after your request | Within 1 business day | Within 5 business days |
Order issued after the inspection | Within 12 hours | Within 7 calendar days |
Landlord's time to fix | Good-faith effort within 24 hours of service | Within 30 calendar days of service |
Reinspection | Within 24 hours after the compliance date | Within 7 calendar days after the compliance date |
The code says no order can give more than 30 days to correct violations, and the deadline can't be stretched past the original date unless a hearing has been held.
What counts as "serious"
The code lists conditions that are always treated as able to endanger or materially impair your health or safety. They include:
No heat at the required temperatures, or an improperly vented space heater or water heater
No hot or cold water in sufficient quantity, pressure and temperature for 24 hours or longer
A shutoff of electricity, gas or water, or failure to restore it
A missing or broken toilet, sink, tub or shower, or a failed sewage system
A missing kitchen sink, or a broken stove or refrigerator the landlord supplied
Blocked or inadequate exits, and locks that don't secure the home
Pests in a building with two or more units, and piles of trash that attract them
Lead paint violations, damaged asbestos pipe insulation, and missing smoke or carbon monoxide alarms
Structural defects and missing railings or guards on stairs, porches and balconies
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Rules Boston tenants ask about most
Problem | What the code says |
|---|---|
Heat | 68°F from 7 a.m. to 11 p.m., 64°F from 11:01 p.m. to 6:59 a.m., Sept. 15 to May 31. Never above 78°F. Measured 5 feet above the floor, more than 5 feet from an outside wall. |
Hot water | 110°F to 130°F at sinks; 110°F to 120°F at the tub or shower |
Leaks and flooding | The owner must make sure wet surfaces are dried within 48 hours of being notified or the end of the event, whichever is sooner |
Mice, roaches, bed bugs | Owner's job in any building with two or more units. In a single-unit home, it's generally the occupant's, unless the cause is structural. |
Utility shutoffs | No one may shut off a required service except briefly for repairs with reasonable notice, or in an approved emergency |
Landlord entry | At least 48 hours' notice, except for emergency repairs |
Who to call | An owner who doesn't live in the building must post their name, address and phone number, and that phone must be checked at least every 12 hours |
One wrinkle on heat: a City of Boston page on meeting the housing code still lists a heating season of September 15 to June 15. The current state code says September 15 to May 31. If your heat fails in early June, ask ISD which date it's applying.
The city's rental inspection checklist is also useful for spotting problems you might not think to report, such as windows that won't stay open on their own, missing weather stripping, loose stair railings, and a missing smoke detector outside the kitchen.
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If the landlord ignores the order
The Department of Public Health's notice lists four common options. It's wise to talk to a lawyer before you act, because a misstep can put your tenancy at risk.
1. Go to court
You or ISD can ask the Housing Court or District Court to order repairs. You can also ask the court to make the landlord pay back some or all of the rent you paid while the violations existed, under the warranty of habitability, the consumer protection law (Chapter 93A), or both. You'll need to show the violations existed and that the owner knew and didn't fix them. Court Service Centers can help you file.
2. Withhold rent
State law (M.G.L. c. 239, § 8A) lets a tenant who is sued for eviction raise bad conditions as a defense or counterclaim. To use it, you generally must show that:
The landlord knew about the conditions before you fell behind on rent
You didn't cause them
The problems can be fixed without you moving out, and you're not in a hotel, motel or short-term rooming house stay
The DPH notice tells tenants to save the rent they hold back. The court can order withheld rent paid to the court clerk, so the money needs to be there when it's asked for.
3. Repair and deduct
Under M.G.L. c. 111, § 127L, you can pay to fix the problem yourself and deduct the cost from future rent, but only if:
ISD (in Boston, the commissioner of housing inspection) or a court certified the violations as endangering health or safety
The owner got written notice and didn't start repairs, or sign a contract for them, within 5 days, and didn't substantially finish within 14 days (or a shorter period an order set)
You deduct no more than four months' rent in any 12-month period
The landlord can recover any amount that was unreasonable, so keep the contractor's invoice and get more than one quote if you can.
4. Move out
If the same conditions are met, § 127L also lets a tenant treat the lease as ended, pay only the fair value of the time they lived there, and move out within a reasonable time.
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Protection from retaliation
Massachusetts law (M.G.L. c. 186, § 18) makes a landlord liable if they retaliate against a tenant for reporting code violations to ISD, complaining in writing to the landlord, or joining a tenants' union. Damages are at least one month's rent and up to three months' rent, or actual damages if greater, plus court costs and attorney's fees.
The law also creates a presumption of retaliation if you get a termination notice (other than for nonpayment), a rent increase or other major change in your tenancy within six months of making a report or complaint. This is another reason to put complaints in writing and keep the dates.
Your right to a hearing with ISD
If ISD doesn't inspect, misses violations you believe exist, doesn't issue an order, or doesn't enforce it, you can ask in writing for a hearing. The DPH notice gives these windows:
If the problem is... | Ask in writing within |
|---|---|
Your home wasn't inspected | 30 days from when you contacted ISD |
The inspector didn't find violations you think exist | 30 days from the last inspection |
The inspector didn't issue an order | 30 days from the last inspection |
The order wasn't enforced | 45 days from when the owner received the order |
A timely request gets a hearing within 14 calendar days, and a written decision within five days after it.
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Free help in Boston
Office of Housing Stability: 26 Court Street, 617-635-4200, Monday to Friday, 9 a.m. to 5 p.m. The office has attorneys on staff and works with legal aid groups.
Greater Boston Legal Services: free civil legal aid for people with low incomes, 617-371-1234.
Volunteer Lawyers Project: 617-603-1700.
Harvard Legal Aid Bureau: 617-495-4408.
Massachusetts Bar Association Lawyer Referral: 617-654-0400.
ISD main line: 617-635-5300, 1010 Massachusetts Avenue, 5th floor, Monday to Friday, 8 a.m. to 4 p.m.
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Before you call
☐ Your address, unit number and the landlord's or manager's name and phone (from the posted sign or your lease)
☐ A short list of every problem, with the date each one started
☐ Dated photos or videos, and a thermometer reading if the heat is low
☐ Copies of every written complaint you sent and any replies
☐ Your 311 case number from any earlier requests
☐ Your lease and proof of rent payments
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WHAT TO DO THIS WEEK
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More help in Boston
Related guides
Official sources
Last checked: October 23, 2026. Deadlines and temperatures are from the 2023 State Sanitary Code; phone numbers from City of Boston pages.
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