Massachusetts Apartment Temperature Laws: What Tenants Need to Know
Massachusetts law does not set a maximum (summer) temperature limit for rental units. The statutory requirement under M.G.L. c. 186, § 14 applies only to heat (minimum temperature) during the heating season.
The Legal Requirement: Heat Only
- Season: September 15 – June 1 (annually).
- Hours: 7:00 AM – 11:00 PM.
- Minimum Temperature: 68°F (20°C) in every habitable room.
- Exceptions: Landlord not liable if tenant breaches lease, interferes with heating system, or engages in illegal/dangerous activity.
No Statutory Cooling Standard
Unlike heat, there is no state law mandating air conditioning or maximum indoor temperatures in summer. This means:
- Landlords are not legally required to provide A/C, fans, or ventilation beyond building code minimums.
- Tenants cannot withhold rent or break lease solely due to heat unless it violates local ordinance or constitutes a breach of the warranty of habitability (rare, fact-specific).
Local Ordinances May Apply
- Boston: No specific max-temp ordinance for residential units.
- Cambridge, Somerville, Brookline: Check municipal codes; some have discussed but not enacted cooling standards.
- Board of Health: May intervene if extreme heat creates a documented health hazard (e.g., for elderly/disabled tenants), but this is case-by-case.
What Tenants Can Do
- Portable A/C or fans: Usually permitted unless lease prohibits; check for window-unit restrictions.
- Negotiate: Request A/C installation or rent credit; some landlords comply voluntarily.
- Document: Log indoor temps with timestamps; useful if pursuing a habitability claim.
- Medical necessity: If a disability requires cooling, request reasonable accommodation under fair housing laws (federal/state).
Building Code Context
Massachusetts State Building Code (780 CMR) requires ventilation (operable windows or mechanical) but not mechanical cooling. New construction often includes A/C by market expectation, not code.
Bottom line: Massachusetts guarantees winter warmth, not summer cool. Tenants should clarify cooling provisions before signing a lease, especially in top-floor or sun-exposed units.