In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.
The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.
In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.
In Massachusetts, the law requires landlords to maintain residential rental properties in a condition that meets certain health and safety standards, ensuring the premises are habitable. This includes making necessary repairs to critical elements such as heat, water, and structural safety. The responsibility for these repairs typically falls on the landlord, except when damage is caused by the tenant's negligence or intentional acts. The lease agreement should outline the specifics of maintenance and repair responsibilities. Tenants are generally not permitted to make repairs themselves unless the lease provides for it or in emergency situations where immediate action is required to prevent harm. In some cases, a landlord may agree to allow a tenant to perform maintenance or repairs, particularly if the tenant has demonstrated the ability to do so competently. Massachusetts law also provides tenants with the right to withhold rent or repair and deduct under certain conditions if the landlord fails to make necessary repairs after being notified.