Tenant's Notice of Intention to Withhold Rent
(MA)

Summary

This tenant's notice of intention to withhold rent may be used by a tenant in Massachusetts to notify its landlord that it intends to withhold rent due to the landlord's failure to maintain the premises. This template includes practical guidance and drafting notes. In Massachusetts, residential tenants have a common law right to withhold rent upon giving notice of conditions to the landlord. See Berman & Sons, Inc. v. Jefferson, 379 Mass. 196 (1979). A tenant is required to notify the landlord of defects as a prerequisite to rent abatement, but the purpose of this requirement is not to assure the landlord a reasonable time to repair. The requirement is designed to minimize the time the landlord is in breach and, hence, mitigate the permissible period of abatement of rent. The rent abatement begins when notice is given, not at a reasonable time after notice. See Berman & Sons, Inc. v. Jefferson, 379 Mass. 196 (1979). The State Sanitary Code provides the proper yardstick for measuring the landlord's conduct. Berman & Sons, Inc., 379 Mass. 196. The right to withhold rent is only available to residential leases and is not extended to commercial leases. See Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rep. 49 (2008). For guidance on the eviction process in Massachusetts, see Residential and Commercial Eviction (MA) and Eviction Resource Kit (MA). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit.