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Massachusetts Letter from Tenant to Landlord containing Notice that heater is broken, unsafe or inadequate and demand for immediate remedy

State:
Massachusetts
Control #:
MA-1007LT
Format:
Word; 
Rich Text
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Description

This form is used by a tenant to inform the landlord of a problem with the lease premises, specifically failure of the heating system. With this form, the tenant notifies the landlord that he/she/it has breached the statutory duty to maintain the property in tenantable condition and demands that immediate repairs be made.
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FAQ

Heat: The landlord must provide a heating system in good working order. The landlord must pay for the heat, unless your lease requires you to pay for it. From September 16 to June 14, every room must be heated to at least 68º F between AM and 11 PM, and at least 64Aº F at all other hours.

That said, experts recommend turning on the heat when the indoor temperature is below 64 degrees Fahrenheit. If you have children, seniors, or people who are sick that threshold might need to be a bit higher.

1 to May 31. During this period, known as Heat Season, if outdoor temperatures fall below 55 degrees between 6 a.m. and 10 p.m., the inside temperature must be at least 68 degrees; and from 10 p.m. to 6 a.m., the inside temperature must be at least 62 degrees.

When Heat Stops Working Provide the landlord a reasonable length of time anywhere between 10 and 30 days depending on how cold it is to fix the problem. If the landlord refuses to fix the primary source of heat after 30 days, you can pay for the repair yourself and deduct the cost from the rent.

In many cases, landlords will make the repairs. If the problems are serious, like you have a plumbing problem or no water or heat, tell the Board of Health. By law, they must try their best to come within 24 hours.

The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)

However, you shouldn't experience loss of heating during the cold season for more than 24 hours. Anything more than two days can be interpreted as a hazard to the tenant's health and therefore a serious breach in the tenancy agreement. Lack of hot water is an emergency regardless of the season.

The owner shall provide heat in every habitable room and every room containing a toilet, shower, or bathtub to at least 68°F (20A° C) between A.M. and P.M. and at least 64A°F (17A° C) between P.M. and A.M.

How long does a landlord have to fix a boiler? 24 hours. Under Section 11 of the Landlord and Tenant Act 1985, you have the right to expect your landlord to carry out repairs in a 'reasonable time'. If it's an emergency repair as you've got no heating or hot water, your landlord should fix this in 24 hours.

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Massachusetts Letter from Tenant to Landlord containing Notice that heater is broken, unsafe or inadequate and demand for immediate remedy