Submitted by stacyrex on Thu, 09/10/2009 - 17:51
Is a landlord required to provide heat if it is unseasonably cool but not yet within the legally required timeframe (in Mass) of Septmber 16th - April somethingth?
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Editor's Response
The regulation in question in 105 Code of Massachusetts Regulations 410.201, which states in part:
The owner shall provide heat in every habitable room and every room containing a toilet, shower, or
bathtub to at least 68 °F (20 ° C) between 7:00 A.M. and 11:00 P.M. and at least 64 °F (17 ° C) between 11:01 P.M. and 6:59 A.M. every day other than during the period from June 15th to September 15th, both inclusive, in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78 °F (25 ° C) during the heating season. The temperature may be read and the requirement shall be met at a height of five feet above floor level on a wall any point more than five feet from the exterior wall.
As far as I know, there is no law requiring the heat to function at other, cold periods. However, the good news is you only have to wait another few days. For more information or to post a question, visit our MA Landlord and Tenant Law Discussion Forum. Good luck.