Landlord & Rentals

August 23, 2026 By Krista Recker

The deadline most people in Quincy care about is heat. Under 105 CMR 410.180, the owner must provide heat in every habitable room and every room containing a toilet, shower, or bathtub from September 15 through May 31, at a minimum of 68°F between 7:00 a.m. and 11:00 p.m. and 64°F between 11:01 p.m. and 6:59 a.m. Section numbers, dates, and temperatures checked against 105 CMR 410.000 as amended effective May 12, 2023, in August 2026.

That date matters right now. If you are reading this the week it published, the heating season starts in about three weeks. I write about this every year because the first cold stretch of September generates more landlord-tenant conflict in Quincy than anything except security deposits, and most of it comes from the same place. Neither side knows what the rule actually says. A note on that: the Sanitary Code was substantially rewritten in 2023, and a lot of the advice still circulating online cites the old section numbers and the old heating-season dates.

Who this applies to

This is written for you if you rent an apartment in Quincy, own a two or three-family here and rent out a unit, or are buying a small multi-family and want to know what you are taking on. It covers a Wollaston triple-decker apartment, a Quincy Center condo rented out by its owner, and a single-family in Squantum with a tenant in it.

It matters less if you own and occupy your home with no tenant. Quincy states on its own site that the Code covers all housing, rental or owner-occupied, but citations are typically written against an owner for correction, so the practical audience is renters and the people who rent to them.

This is educational, not legal advice. If you are in an active dispute, talk to an attorney who handles Massachusetts landlord-tenant matters.

What temperature does a landlord have to keep an apartment in Massachusetts?

At least 68°F from 7:00 a.m. to 11:00 p.m. and at least 64°F from 11:01 p.m. to 6:59 a.m., in every habitable room and every room containing a toilet, shower, or bathtub, from September 15 through May 31.

Three details people get wrong:

The temperature is measured five feet above floor level, on a wall, at any point more than five feet from an exterior wall. A cold reading taken at the baseboard next to the window is not the measurement an inspector will take.

There is a maximum. During the heating season the heating system cannot cause the temperature to exceed 78°F in any room. That rule exists so an owner cannot overheat one unit in order to push heat into another.

The dates can shift, but only citywide. Under 105 CMR 410.180(D), a board of health may alter the heating season for all residences within its jurisdiction in a particular year, ending it no earlier than May 15 or delaying the start no later than September 30, by posting notice of the change on the municipality's website. That is a jurisdiction-wide decision posted publicly, not a variance an individual owner applies for, and the Code says it does not have to follow the variance procedure in 105 CMR 410.700.

The Code does not require air conditioning or any cooling. That is a common misunderstanding in an August heat wave.

Who pays for heat, gas, and electricity in a Massachusetts rental?

The owner pays, unless the utility is separately metered to that unit alone and a written rental agreement assigns payment to the occupant. Both conditions have to be met.

Under 105 CMR 410.200(A), a tenant may be required to pay for electricity or gas only when a utility-company meter serves solely that dwelling unit or an area under that tenant's exclusive use, and a written rental agreement assigns responsibility for payment to the tenant. The rule is subject to a limited exception at 105 CMR 410.300(F). A landlord also cannot use prohibited electric submetering to resell electricity by measured usage. Utilities can instead simply be included in rent, which is a different arrangement from billing a tenant for their metered usage.

This comes up constantly in Quincy's older two and three-families, where a single basement meter often feeds common-area lighting, the basement, and the boiler. If the meter your lease bills you for is also running the hallway, that is a code question, not a billing dispute.

An oral agreement does not shift the obligation. The written rental agreement is part of what 105 CMR 410.200(A) requires, not a separate formality.

What else is the landlord required to provide?

The Code sets a floor under every rental in Massachusetts. These are the items that generate the most Quincy complaints.

Hot water in a quantity and pressure sufficient for the ordinary use of every fixture that normally needs it, with the water-heating equipment maintained in good operating condition. Under 105 CMR 410.150, the temperature must be at least 110°F and no more than 130°F at fixtures other than a bathtub or shower, and at least 110°F and no more than 120°F at a bathtub or shower. That lower ceiling at the tub is an anti-scald standard, and it is one of the things a new landlord is most likely to have set wrong.

Required kitchen facilities, meaning a kitchen sink of adequate size plus the space and connections for installing a stove and a refrigerator. The Code does not unconditionally require every landlord to furnish the appliances themselves, because a valid written arrangement can assign that to the occupant. What the owner cannot do is fail to provide the required facilities, or let owner-supplied equipment fall into disrepair.

Working plumbing, a flush toilet, a sink, and a shower or bathtub in a room with privacy and adequate ventilation.

A safe, watertight, rodent-proof structure, including a roof and walls that keep water out, floors and stairs in sound condition, and handrails and guardrails where required.

Working locks and compliance with the Code's dwelling-unit security requirements.

Freedom from infestation. Under 105 CMR 410.550, in a residence with two or more dwelling units, including rooming houses, the owner must maintain the residence and premises free from infestation and is responsible for eliminating pests. Occupants still have to keep their own units sanitary so they are not attracting the problem.

Safe means of egress and required smoke and carbon monoxide alarms. Note that these appear in the Sanitary Code itself, at 105 CMR 410.260 and 410.330, in addition to fire code. Building, fire, electrical, and health officials may each have an enforcement role depending on the specific condition, so do not assume only one department can act.

Which problems are treated as serious, and which are not?

The Code contains a specific list, at 105 CMR 410.630, of conditions deemed to endanger or materially impair health, safety, and well-being. That list is the dividing line between a complaint that gets a short clock and one that gets a routine repair order.

The listed conditions include lack of heat; loss of water, electricity, or gas; inadequate electrical facilities; unsafe potable water; a nonfunctioning required toilet, sink, bathtub, shower, or sewage system; missing required kitchen facilities; inadequate or blocked exits; failure to meet the dwelling-unit security requirements; specified refuse and filth conditions; lead-based paint in violation of 105 CMR 460.000; qualifying structural defects; unsafe systems; defective asbestos material; missing smoke or carbon monoxide alarms; missing required rails or guards; and failure to keep the premises free from infestation. Unsafe gas facilities fall under the systems category rather than appearing as a standalone "gas leak" item.

Everything else in the Code is still a violation. A violation that is not on the list may be treated as a condition that endangers or materially impairs health, safety, or well-being if the owner fails to remedy it within the time ordered by the board of health. Whether a given condition supports a rent defense depends on the statutory requirements and on evidence of its actual effect on habitability, so a torn screen and a boiler that will not fire are not the same conversation.

How do you report a Sanitary Code violation in Quincy?

Here is the practical path. Contacts and department process checked against the City of Quincy Health Department Housing Division pages in August 2026.

1. Put the problem in writing to your landlord first, and keep a copy. Written notice is what proves the owner knew, and knowledge is a required element for nearly every remedy that follows.
2. Contact the Quincy Health Department. For housing complaints, Quincy lists the Health Department's administrative contacts at (617) 376-1275 and (617) 376-1273. The Housing Division also lists Housing Code Inspector Eileen Devane at (617) 376-1284. The department is at 1305 Hancock Street.
3. Expect a complaint-triggered inspection. Quincy's Housing Division enforces the State Sanitary Code and performs compliance inspections on receipt of individual complaints, with required follow-up.
4. Plan to be there. Under the statewide rule, an inspection of an occupied residence is ordinarily conducted with the occupant or the occupant's representative present, unless there is an emergency or the occupant consents otherwise.
5. Ask for a full walkthrough rather than only the item you called about. That is practical advice, not a guarantee. A comprehensive record is worth far more later than a single-item note.
6. If violations are found, the department can issue an order to correct and set the deadline. The specific deadline depends on the nature of the violation and on the order itself, so do not assume the same clock applies in every case.
7. Let the owner in to make the repairs. Reasonable access on reasonable notice is expected, and refusing it undercuts your own position.
8. Expect follow-up. Quincy states that it pursues cases until compliance is achieved. If violations are not corrected, the City may take further enforcement action.

The inspection report is the single most valuable document a tenant can hold. It documents the violation, it proves the owner knew, and it is the certification that one of the two main remedies actually requires.

Can a tenant withhold rent in Massachusetts?

Massachusetts tenants do withhold rent over serious habitability conditions, but understand what the law actually gives you. MGL c.239 s.8A operates primarily as a defense and counterclaim inside an eviction case, not as a risk-free pre-litigation right to stop paying. Withholding invites the eviction filing in which you then raise it.

The statutory pieces that matter:

1. The landlord, their agent, employee, or the usual recipient of rent knew of the conditions before you fell behind.
2. The landlord must not prove that you, your household, or someone under your control caused the condition. For conditions solely within your controlled area, the statute puts a specific burden on you.
3. The property is not a hotel or motel, and not a lodging or rooming house where you have occupied for fewer than three consecutive months.
4. The landlord must not prove the conditions cannot be remedied without vacating, subject to the statute's lead-paint exception.
5. A qualifying Code or building-code violation that may endanger or materially impair health, safety, or well-being creates a presumption supporting the defense and counterclaim.

Setting the withheld money aside in a separate bank account is not a statutory prerequisite. It is a precaution, and it is the one that most often decides the outcome. The court may require payments or deposits with the clerk based on the fair value of use and occupation while the case is pending. If the court ultimately finds the landlord's adjudicated amount exceeds yours, you generally have one week after receiving written notice from the court of the balance due to pay the clerk and avoid losing possession. You cannot do that with money you already spent.

What is repair and deduct, and how much can you deduct?

Repair and deduct, under MGL c.111 s.127L, lets a tenant fix a violation and subtract the cost from rent, capped at four months' rent in any twelve-month period.

It is available only for violations that may endanger or materially impair health, safety, or well-being and that have been certified by the board of health or local code-enforcement agency, or found by a court. Then the sequence has to run: you give written notice; the owner fails to begin all necessary repairs or to contract in writing with a third party for them within five days of that notice; and the owner fails to substantially complete them within 14 days, unless a shorter deadline ordered by the board, agency, or court applies. You must not have caused the condition, and you must give access.

The five-day and fourteen-day steps are both required, and most summaries drop the five-day one. The certification requirement is the other thing people miss: repair and deduct needs an inspector's certification or a court finding, while rent withholding does not. That is the practical reason to get an inspector in the door early rather than relying on your own letters.

Repairs to common areas are covered as well, but where a repair affects multiple units the total that can be deducted is subject to the statutory cap, and how that cap is allocated among affected tenants is worth confirming with counsel before anyone deducts anything. Save every bill, receipt, and estimate.

What are the penalties for a landlord in Massachusetts?

Situation	What the landlord is exposed to
Failure to comply with a board of health order under the Sanitary Code (105 CMR 410.920)	On conviction, a fine of not less than $10 and not more than $500, with each day treated as a separate violation
Shutting off heat, hot water, or utilities, or otherwise interfering with quiet enjoyment (MGL c.186 s.14)	Actual and consequential damages or three months' rent, whichever is greater, plus costs and reasonable attorney's fees, and a criminal fine of $25 to $300 or imprisonment up to six months
Serving a notice to quit, bringing a summary-process case, or materially changing tenancy terms within six months after protected tenant activity such as reporting a suspected violation (MGL c.186 s.18, presumption at MGL c.239 s.2A)	A rebuttable presumption of retaliation, which the landlord can overcome only with clear and convincing evidence of an independent, nonretaliatory reason and that the action would have occurred anyway
Conditions bad enough that the property cannot be managed into compliance	A court may appoint a receiver under MGL c.111 s.127H in qualifying circumstances, putting a third party in charge of repairs
Conditions severe enough to make the dwelling unfit for human habitation	Condemnation, placarding, and an order to vacate under the Code's condemnation provisions

The retaliation presumption is the one most small Quincy landlords have never heard of. If you raise the rent or send a notice to quit within six months of a tenant's code complaint, you are the one who has to prove your reason was independent, and the standard is clear and convincing evidence. That is a hard thing to assemble after the fact. It does not mean a tenant who calls the Board of Health can never be evicted for a genuine independent reason like real nonpayment. It means your timeline and your documentation matter as much as theirs.

What this means if you are buying a Quincy multi-family

Quincy has a meaningful amount of older housing stock, though it is worth being precise about it: regional housing data shows about 63% of Quincy's housing was built after 1940, so "mostly prewar" overstates it. What is true is that older Quincy two and three-family properties can present issues involving utility-meter allocation, stairs and guards, egress, heating-system capacity, and prior unpermitted alterations. Verify each property rather than assuming a particular defect.

An open Health Department order is a major due-diligence issue, but be careful how you think about it. A sanitary-code order is served on the person responsible for the violation, and a municipal order may need to be addressed, reissued, or otherwise enforced in light of a transfer of ownership. A buyer can absolutely acquire a property with unresolved conditions and real practical exposure, but do not assume every outstanding order automatically runs with the land or that its original deadline binds you on day one.

Before closing, do this:

Obtain the complete order, the inspection reports, the correspondence, and the reinspection status. Confirm directly with the Quincy Health Department whether the order remains open, what corrections are required, and how the City expects a change in ownership to be handled. Then address responsibility, access, funds, and deadlines expressly in the purchase agreement.

Verify whether utilities are direct-billed to each unit or whether any service is shared, and get actual recent utility bills where you can, especially for owner-paid heat or common-area electric.

Confirm the occupancy, zoning, building-permit, and fire-safety history with the appropriate City departments. Do not rely on a seller's representation that there are no open violations. Request the documents and confirm status with the City yourself.

Keep housing-code orders separate in your head from property-transfer requirements. Title 5 septic inspection rules can apply on a transfer where the property is served by a septic system, but that is a different issue from a housing-code complaint, and most of Quincy is on public sewer.

The bottom line

The State Sanitary Code sets a floor no lease can lower. Heat at 68°F daytime and 64°F overnight from September 15 through May 31. Hot water at 110°F or higher, capped at 130°F generally and 120°F at a tub or shower. Working plumbing and electrical, a sound structure, working locks, no infestation. If a Quincy landlord is not meeting that floor, the tenant's first move is written notice and the second is a call to the Quincy Health Department at (617) 376-1275 or (617) 376-1273. If you are the landlord, the cheapest version of this problem is always the one you fix before an inspector writes it down.

If you own a rental in Quincy and want a straight read on what your building actually needs before an inspector tells you, or you are looking at a multi-family and want the code exposure priced into your offer, send me the address. I will walk you through what I would be checking. You can reach me through the contact page.