Cal. Civ. Code § 127F
Court order regarding rental payments; disbursement of funds; receiver
Operative Text
Section 127F. If the court finds after hearing that the facts are as alleged in said petition, it may by written order authorize the petitioner or any other affected tenant to pay to the clerk of the court the fair value of the use and occupation of the premises, or such installments thereof from time to time as the court may direct; provided the court finds that any such violation may endanger or materially impair the health, safety or well-being of such tenant and that such payments are necessary to remedy the condition constituting the violation; and that said tenant is not in arrears in his rent, taking into account any abatement of rent due to the existence of such violations, or if he is in arrears is willing to pay any arrearage into the court as ordered. A person occupying the premises shall not be considered to be in arrears in his rent when the amount of rent the landlord alleges in good faith to be due is equal to or less than the amount of any counterclaim that said person may bring in good faith against the landlord, including any damages owed because of a breach of warranty or a violation of any other law. In determining said fair value, the court may be guided by any findings issued by the department or any other agency concerned with the condition of residential premises and any other evidence relative to the effect of violations of such standards upon the use and occupation of residential premises. Any order of the court shall be forthwith sent by the clerk of court to any and all mortgagees and lienors of record as the court deems proper under the circumstances. The court may direct the clerk by written order to disburse all or any portion of the rental payments received by him to the respondent for the purpose of effectuating the removal of the violation. The court may also direct the clerk to make such other disbursements of the rental payments to the respondent or to any other person as in the judgment of the court will permit the owner to maintain the property. When the violation is removed, the court shall direct that the balance of funds, if any, remaining with the clerk be paid to the respondent. The court may render judgment for costs in its discretion. In lieu of or in addition to any relief that may be provided under this section, the court may appoint a receiver under section one hundred and twenty-seven I.
Mass. Gen. Laws c. 111 § 127F establishes a court-supervised rent-escrow mechanism: when a court finds that housing violations endanger or materially impair tenant health, safety, or well-being, it can order rent payments redirected to the court clerk rather than paid directly to the landlord. The court then controls how those escrowed funds are disbursed—whether to the landlord to fund repairs, to other parties as needed to maintain the property, or back to the landlord once violations are resolved. The provision also clarifies that a tenant is not considered in arrears when the landlord's claimed rent balance is offset by a good-faith counterclaim, such as damages for a breach of warranty. As an additional or alternative remedy, the court may appoint a receiver under § 127I.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 111 § 127F, a compliant property owner generally responds to an escrow order by actively pursuing the repairs or remediation that gave rise to the violation, since the court can release escrowed funds specifically to finance that work. Operators who maintain documentation of repair efforts, contractor agreements, and agency correspondence are better positioned to demonstrate to the court that disbursements are warranted and that the violation is being addressed. Once the court confirms the violation has been removed, any remaining escrowed balance is directed back to the owner, making timely remediation the clearest path to restoring normal rent flow. Mortgagees and lienors of record are notified of any court order under this section, so lenders may become involved in the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 111 § 127F gives tenants a potential avenue to have rent payments held by the court clerk rather than paid to a landlord when housing violations endanger health, safety, or well-being—provided the tenant is current on rent or willing to pay any arrearage into the court, and taking into account any rent abatement owed due to those violations. Tenants who believe they have a good-faith counterclaim against the landlord—such as damages for breach of warranty—should be aware that the provision addresses how such claims factor into the arrearage calculation. Tenants seeking to understand whether this remedy applies to their situation can consult a local tenant-rights organization, a legal aid office, or review guidance from the relevant municipal or state housing agency, and may also explore whether a court-appointed receiver under § 127I could be sought.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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