Legal Question in Landlord & Tenant Law in Massachusetts

can we be evicted because of irresposible roommate?

I rent a house with 2 other roommates. We are tenants at will--we have no written agreement with the landlord or anything in writing about paying rent, etc. One roommate did not pay a month of rent, and bounced another rent check. She now owes the landlord $1150. We have asked her to move out in 30 days, and told her she needs to pay the landlord the $1150. But I'm worried she won't since she's lied about paying the rent up till this point! If she does not pay the landlord, can he evict all of us? Are we, the other 2 roommates, expected to pay the $1150? And, if so, can we take the bad rooommate to small claims court or anything?


Asked on 5/20/09, 12:06 am

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: can we be evicted because of irresposible roommate?

Yes you are all jointly and severally responsible for the total rent. If one roommate does not pay their share it is your responsibility pay the landlord and to collect it back from the delinquent roommmate.

Retain an attorney, if necessary to deal with the delinquent roommate. Good Luck!

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Answered on 5/20/09, 9:49 am


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