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Violations to minimum standard of habitability

Marlborough, MA |

I contacted the local board of health in November 2012. The inspector only found one violation although I showed them all the problems with the apartment. A second health inspector did the re-inspection and found the apartment in compliance.

I contacted the town government (with photos) and the health department did a second inspection and noted the violations.

The second inspection letter of violations to the landlord did not reflect the report I was given at the time of the inspection.

The violations included one that needed to be corrected within 24 hours. It's been almost a month and nothing has been done and the BOH hasn't responded to my emails for an explanation. When I called, the inspector stated that he was not obliged to speak to me.

Who can I call in state government?

Attorney Answers 2


  1. Best answer

    You may want to contact someone at the state level such as the attorney general's office or the state board of health to investigate what is going on here or even your local board of selectmen or city council members. You may also want to consult a landlord tenant attorney because failure to maintain certain living standards breaches the warranty of habitability, among other things, and an attorney may be able to help you investigate and recover any damages you have suffered as a result of the conditions of the unit. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.


  2. I agree with Attorney Kremer's response. Something also to consider is that health code violations, if they are as blatant as you say, are generally cause to terminate a lease. So if conditions do not improve you likely have a right under the warranty of habitability to break your lease and move to a better location.

    Kyle Piro is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Piro answering your question. It is advisable to consult with an attorney about your personal legal concerns.