If you are a Massachusetts tenant, you have some very specific rights as a renter. One of them is hot water. Your landlord is required to keep your hot water running, and the State Sanitary Code protects this right in plain terms.
The State Sanitary Code, 105 CMR 410
The State Sanitary Code is adopted under G.L. c. 111, § 127A, which directs the state to adopt the State Sanitary Code, including standards of fitness for human habitation, and requires local boards of health to enforce it. The housing standards are in 105 CMR 410, which was revised in 2023. The hot water rule is now 105 CMR 410.150. It says the owner shall provide and maintain in good operating condition facilities capable of heating and delivering hot water:
- In a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures that normally need hot water;
- At a temperature of not less than 110°F (43°C) and not greater than 130°F (54°C) for fixtures other than a bathtub or shower; and
- At a temperature of not less than 110°F (43°C) and not greater than 120°F (48°C) for a bathtub or shower.
So the code sets a ceiling as well as a floor. Water that is too hot at the tap or shower is also a violation.
Going without enough hot water for 24 hours or longer is on the list of conditions that are always deemed to be conditions that may endanger or materially impair your health or safety under 105 CMR 410.630.
Who Pays to Heat the Water
Under the Sanitary Code, to “provide” means to supply and pay for (105 CMR 410.010). The landlord generally pays for the fuel that heats your water unless both of these are true:
- For gas or electric water heaters: the gas or electricity runs through a meter that serves only your unit, and a written rental agreement says you pay (105 CMR 410.200).
- For oil: the oil comes from a separate tank that serves only your unit, and a written rental agreement requires you to provide it (105 CMR 410.210).
A landlord who shifts a utility bill to you without your knowledge or consent also violates G.L. c. 186, § 14.
Water Bills and Submetering
A landlord may charge you separately for water only by following G.L. c. 186, § 22. Among other things, the unit must have a submeter that measures only your unit’s water, low-flow showerheads and faucets and ultra-low-flush toilets must be installed, the landlord must certify compliance to the board of health, and you must have signed a written rental agreement that clearly discloses the water billing arrangement. A unit can become eligible for water charges only when a new tenancy begins, and only in the situations the statute lists. A landlord who submeters water may not shut off or refuse your water service because you have not paid a water or sewer charge (105 CMR 410.130).
Your Right To Hot Water Cannot Be Waived
An agreement to give up your right to hot water, such as $100 less in rent in exchange for living without it, is not enforceable. Under G.L. c. 186, § 14, a waiver of that statute in a lease or rental agreement is void, except for interruptions during necessary repairs, interruptions from natural causes beyond the landlord’s control, and certain government-imposed restrictions.
If your landlord is doing work and needs to shut off your hot water, the shutoff may last only as long as the actual repairs require, and the landlord must give you reasonable notice. The code does not set a number of hours for this notice. Once service is curtailed, the responsible party must take immediate steps to restore it (105 CMR 410.003). Separately, when the landlord needs to enter your apartment to make repairs or otherwise comply with the code, the landlord must give at least 48 hours notice, except for emergency repairs (105 CMR 410.003).
What do you do if your landlord is violating your right to hot water?
- Inform your landlord in writing. The law does not require written notice, but a letter or email is the best proof that your landlord knew. That matters: a tenant can raise bad conditions as a defense to a nonpayment eviction only if the landlord knew about them before the tenant fell behind on rent (G.L. c. 239, § 8A).
- Contact your local board of health and request an inspection. The inspection should include how the hot water system actually performs and, if possible, take place at the times and under the conditions when you have found the hot water inadequate (105 CMR 410.150). Local boards of health enforce the Sanitary Code (G.L. c. 111, § 127A). Proof that your landlord received written notice of the board’s inspection creates a legal presumption that the landlord knew, from that date, of the conditions the inspection found and the notice mentions (G.L. c. 239, § 8A).
- Consider withholding your rent. Read this guide on rent withholding in Massachusetts before you start. Make sure your landlord knows about the problem before you fall behind on rent. Putting it in writing gives you proof. Withholding does not mean the money is yours to spend. If your landlord brings an eviction case, the court can, after a hearing, order you to pay or deposit the fair value of the use and occupation of your apartment, taking into account the effect of the conditions, less any amount the court awards you on your claims (G.L. c. 239, § 8A). Section 8A does not require you to put withheld rent in escrow before a case is filed, but setting it aside in a separate account is good practice.
- Seek damages. A landlord who is required to furnish hot water and willfully or intentionally fails to do so when it is needed for the normal use of your home, or who interferes with your quiet enjoyment, violates G.L. c. 186, § 14. The landlord is liable for your actual and consequential damages or three months’ rent, whichever is greater, plus costs and a reasonable attorney’s fee. You can use these amounts to offset rent the landlord claims you owe. The same statute also makes the violation a crime.
The Bottom Line
Your landlord must provide hot water between 110°F and 130°F (120°F at the tub or shower), and must pay to heat it unless your unit has its own meter or tank and your written rental agreement says you pay. If you don’t have hot water, tell your landlord in writing, call the board of health for an inspection, consider withholding rent, and know that a willful or intentional failure to furnish hot water can make your landlord liable for at least three months’ rent plus attorney’s fees under G.L. c. 186, § 14.
If you do not have reliable hot water, call Doubleday Law at (617) 575-2006. This post is general information, not legal advice for your situation.
[videopress bNFheOIu] If your landlord is not providing you with hot water, please get in touch