Submitted by Anonymous on Wed, 08/03/2011 - 21:33
Hi I am a landlord. My tenants just reported that he cooking range is not working. I tried to get emergency maintenance for tomorrow but could not get anything until another week. What does the law say about a reasonable turn around time. How much time do I have to complete this kind of repair to comply with the law? I am a very new landlord and would appreciate some advise. Thanks.
How long does landlord have to make repairs?
In all situations, the landlord should make repairs within a "reasonable" period of time. I'm not aware of any court that has defined, with any specificity, what reasonable means, but we can assume that the reasonableness of the time period will vary depending on what needs to be fixed. If your tenant's heat is not working, for example, you better get it done within 24 hours. If a screen is missing, that's a different story.
Massachusetts law does, however, create options for tenants and consequences for landlords who do not make repairs within certain specified periods. For example, under Massachusetts General Laws Chapter 111, Section 127L, once a landlord has notice of damage creating a violation of the sanitary or housing code and not caused by the tenant or persons under her control, he must enter a contract to make the repair within five days of receiving the written notice and substantially complete the repair within 14 days of receiving the notice. If he fails to do so, the tenant is allowed to: (1) repair the condition himself and deduct the cost from the next rental payment ("repair and deduct"), (2) consider the rental agreement terminated and move out without notice, or (3) go to court for an order requiring the landlord to make repairs.
In certain cases, the tenant may also withhold rent. (To be clear, in situations where the landlord can prove the damage was caused by the tenant, he still must make repairs within a reasonable time, but in that case the landlord can bill the tenant for the repair and the tenant is not allowed to "repair and deduct" or withhold rent.)
Also, Massachusetts General Laws Chapter 186, Section 19 creates a right of action on behalf of the tenant against in tort the landlord, in certain cases:
A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice except that such notice need not be given for unsafe conditions in that portion of the premises not under control of the tenant. The tenant or any person rightfully on said premises injured as a result of the failure to correct said unsafe condition within a reasonable time shall have a right of action in tort against the landlord or lessor for damages. Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable. The notice requirement of this section shall be satisfied by a notice from a board of health or other code enforcement agency to a landlord or lessor of residential premises not exempted by the provisions of this section of a violation of the state sanitary code or other applicable by-laws, ordinances, rules or regulations.
If a tenant goes directly to the local inspectional authority, such as the health department, and requests an inspection, then the inspectional authority may give the landlord an order to fix the problem within a specified period of time. Again, the period will vary depending on the condition. The landlord will get only 24 hours to repair the water supply, heat, sanitary drainage, hot water, locks, and other necessities. The landlord will be give a week to make other types of repairs, such as appliances, smoke detectors, and handrails.
To your specific question, as someone who has been around the Housing Court a couple of times, I will suggest that you make every repair as quickly as possible, even if that means you have to use a repair person other than the one you usually use. I've never waited a week for an appliance repair person. Try a different company. Not only should you take all steps to avoid intervention by the health department and/or the courts (never good for landlords), but if you want to keep the tenant, it's good to cater to their legitimate complaints. Good luck.
14 Day notice and 30 day notice
I am leasing a house that the owner has decided to sell. It has been in disrepair for the 5 years I have lived here. I have asked the landlord to fix the hazards before selling the house to an investor. I received a 14 day notice to quit because I was late on rent after he raised my rent from 1500 per month to 1800 per month. & days after my 14 day notice, I received a 30 day notice terminating my residency. Does this cancel out the first notice? Do I lose my right to cure the default? This house will be condemned if I have the BOH come in and do an inspection. I just want to get the place fixed and pay my rent like I have for the last 5 years. I fully know that nobody will buy this house in this condition.