Submitted by andreal on Sat, 03/26/2011 - 23:03
My electricity (including heat) was turned off for four days, with no notice, due to my landlords failure to pay the bill. My current lease agreement clearly states that all of my utility costs are included in my rent.Do I have the right to deduct the costs I incurred from my rent next month? What about the rent I paid for the four days I was unable to live here?
Withhold rent
The issue of whether a tenant can withhold rent in situations where the apartment is violation of the housing code is controlled by Massachusetts General Laws, Chapter 239, §8A. There must be material code violations present in the apartment, not caused by you or anyone under your control, and that the landlord knows about these material code violations before you start to withhold your rent.
I'm never a big fan of withholding rent. And, in your case, your were actually unable to live in the unit because of the issue with the utilities. I would talk to the landlord and ask him to reduce your next month's rent by the number of days you were forced to live elsewhere. Get it in writing if he agrees. If he refuses, send a demand letter requesting the rent reduction. If he still refuses, go to the Housing Court and talk to the housing specialist about filing a motion regarding the issue. The Housing Courts are very friendly to those representing themselves. For more general information, visit our MA Landlord and Tenant Discussion Forum. Good luck.