Legal Question in Real Estate Law in Massachusetts

I am a landlord and I have 2 adult men who wish to rent my appartment. Is it better to have both their names on the lease or just one and why?


Asked on 8/03/11, 5:31 pm

2 Answers from Attorneys

Both, this way you have two people to be jointly and severally responsible for the rent and any damages. If one is only on the lease, then he is solely responsible for the rent and damages and you need to make it clear on the lease that the other is permitted occupant but has no rights as a Tenant under the lease.

It is an issue of credit and responsibility.

Good Luck

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Answered on 8/04/11, 7:26 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Great question!

My advice would be to put both of their names on the lease, and specifically state that they are jointly and severally liable for the rent. If there is an issue with payment, you can go after both or either one of them for the unpaid rent.

I strongly recommend that landlords (I am one) have an attorney to assist them. If the tenancy is created correctly the first time, it can save a tremendous amount of money in the long run. Check out my website to learn more about the program we offer to landlords. We will give you everything you need to create your tenancy and stay on the right side of the law. If you choose, landlords can also pay us a small monthly fee to be "on call" and handle any and all tenant-landlord issues, including evictions, as they arise.

Give us a call at 617-357-4898.

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Answered on 8/04/11, 8:06 am


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