6 Heat Rules Massachusetts Landlords Have to Follow All Winter

Your Massachusetts landlord can’t let your apartment get too cold, and can’t let it top 78 degrees, either.

Renters have legal protections all winter, and knowing them helps when the heat falls short.

Here are the heat rules Massachusetts landlords have to follow.

Note: This is general information, not legal advice. Housing rules and penalties are subject to change, so confirm the current requirements with your local board of health.

1. 68 Degrees by Day, 64 at Night

Massachusetts landlords have to keep your rooms at 68 degrees or warmer between 7:00 a.m. and 11:00 p.m.

From 11:01 p.m. to 6:59 a.m., the minimum drops to 64 degrees.

A bedroom at 62 degrees at 3:00 a.m. falls short, even if your living room felt fine at dinner.

Each period has a separate minimum, so a warm afternoon doesn’t make up for a cold night.

2. Heating Season Dates

The heating season runs from September 15 through May 31.

Those dates are the state default.

Your local board of health can start the season as late as September 30 or end it as early as May 15.

The board has to post notice of the change on the municipality’s website.

Mid-November falls inside the season no matter which town you rent in.

A cold week in May may fall outside your town’s season, so check your town’s notice.

3. A 78-Degree Ceiling

Your heat has an upper limit too.

The heating system can’t push any room past 78 degrees during the heating season.

That leaves a window between 68 and 78 degrees by day.

At night, the window runs from 64 to 78.

If the heating system pushes your bedroom to 82 degrees, that’s over the limit.

4. A Working Heating System

Providing a heating system and keeping it in good operating condition falls on your landlord.

The code says a fireplace, a wood or pellet stove, and a portable electric space heater don't meet the requirements of a heating system.

So a plug-in heater can't stand in for the system your landlord has to provide.

5. Heating Fuel Supply

Oil used for heating or hot water is your landlord's to supply unless two things are both true.

A separate oil tank has to serve only your unit, and your written rental agreement has to make you provide the oil.

If a tank serves more than your unit, that exception doesn't apply to you.

The code sets a similar test for the gas or electricity your unit uses, which would include gas or electricity that runs your heat.

The meter has to serve only your unit, and your written rental agreement has to say you pay for it.

A verbal agreement isn't enough, since a written rental agreement is required.

6. Heat Shutoffs

Your landlord can't shut off a service the code requires, and heat is one of them.

Two exceptions apply: a temporary stop during repairs with reasonable notice to you, or a temporary emergency the board of health approves.

A landlord who willfully or intentionally fails to furnish heat that the law or your rental agreement requires can face criminal penalties.

The penalty is a $25 to $300 fine or up to six months in jail.

You can sue, too.

If you win, you can collect your actual and consequential damages or three months' rent, whichever is greater, plus court costs and a reasonable attorney's fee.

Calling the Board of Health

Enforcement of the landlord heat rules starts with your local board of health.

You can ask the board to inspect by phone, in writing, or electronically.

The board has to inspect whether or not you've told your landlord first.

The same goes when an eviction, a lawsuit, or another dispute between you and your landlord is pending.

The board also has to inspect if you ask anonymously or ask it to keep your name confidential.

When the complaint is about no heat, the inspection is due within one business day after the board receives your request.

The board also has to try to schedule the inspection at a time that works for both you and the board.

Correction Deadlines

A lack of heat is one of the conditions the Sanitary Code always counts as endangering health or safety.

Improper use of a banned space heater is on the same list.

After an inspection finds that violation, the board has 12 hours to order your landlord to make a good faith effort to correct it.

The order gives your landlord 24 hours from service to make that good faith effort.

Violations that aren't on that list get a longer schedule.

The board has seven calendar days after the inspection to issue the order, and your landlord gets 30 calendar days from service to correct.

Retaliation After a Complaint

Massachusetts landlords can't punish you for reporting a heat problem, whether you report it to the board of health or complain in writing to your landlord.

A rent increase notice, a termination notice, or a notice of a substantial change in your tenancy that arrives within six months of your report creates a presumption of reprisal.

Your landlord then has to overcome that presumption with clear and convincing evidence.

The presumption doesn't cover a notice to end your tenancy over unpaid rent.