Latest / BSPE Legal Marketing Podcast / What Is the Implied Warranty of Habitability in Massachusetts? - Colucci, Colucci & Marcus, P.C.

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What Is the Implied Warranty of Habitability in Massachusetts? - Colucci, Colucci & Marcus, P.C. · BSPE Legal Marketing Podcast

• 0:00
  What Is the Implied Warranty of Habitability in Massachusetts?
• 0:03
  When you rent a home in Massachusetts, the law quietly makes a promise on your behalf — that the property you live in must be fit for human habitation.
• 0:11
  The implied warranty of habitability is not a clause buried in your lease but a legal obligation that attaches automatically to every residential rental in the state.
• 0:19
  In the landmark 1973 case Boston Housing Authority v. Hemingway, the Supreme Judicial Court confirmed that this warranty applies from the very first day of a tenancy and continues without interruption throughout it.
• 0:31
  Massachusetts's State Sanitary Code, found at 105 C.M.R. § 410.000, sets the minimum standards a landlord must meet to provide a habitable living space.
• 0:43
  Conditions that can violate those standards include lack of heat during the heating season, broken or leaking plumbing, sewage backups, mold growth, and infestations of rodents or pests.
• 0:53
  Structural defects like rotted stairs, loose treads, missing handrails, or crumbling porches can also breach the warranty when a landlord fails to address them.
• 1:02
  Faulty electrical wiring, non-functioning smoke or carbon monoxide alarms, blocked means of egress, and lead hazards in older housing round out the most serious categories of code violations.
• 1:13
  An isolated code violation does not automatically constitute a breach — courts weigh the seriousness of the defect, how long it lasted, and whether the landlord received proper notice before determining materiality.
• 1:24
  Written notice to the landlord is especially valuable because it creates a clear record of when the landlord first learned about the dangerous condition.
• 1:31
  The protection extends beyond tenants themselves, as the Supreme Judicial Court held in Scott v. Garfield that a lawful visitor injured by a defective porch railing could recover personal injury damages for a breach of the warranty.
• 1:43
  Separate statutory protections under G.L. c. 186, § 14 prohibit a landlord from willfully withholding essential services like heat, hot water, electricity, or elevator access when those services are necessary to the proper use of the premises.
• 1:58
  A landlord who violates that section faces liability for actual and consequential damages or three months' rent, whichever is greater, plus reasonable attorney's fees and potential criminal penalties.
• 2:09
  When the landlord's conduct also violates G.L. c. 93A, double or treble damages may be available if the statutory requirements for multiple damages are satisfied.
• 2:19
  A § 14 claim and a personal injury claim are distinct, though both can arise from the same dangerous conditions created by a landlord's neglect.
• 2:27
  The law firm of Colucci, Colucci & Marcus, P.C. handles personal injury and premises liability matters involving unsafe property conditions throughout Boston and across Massachusetts, helping clients understand exactly which claims are supported by the facts.
• 2:41
  Every attorney at the firm can review medical records, causation evidence, and injury-related losses to build a clear picture of what happened and who is responsible.
• 2:50
  Call Colucci, Colucci & Marcus, P.C. at 617, 958, 3807, located at 31 Milk St 4th Floor, Boston, MA 02109, United States, to schedule your consultation and take the first step toward protecting your rights.