Legal Question in Landlord & Tenant Law in Massachusetts

eviction

can i evict a roommate or ask them to leave, when he or she is not on the lease..i have asked them to leave and they are not willing to leave. he pays only a small portion of the rent not equal parts and i have no reciepts from him for the rent...is he considered a guest?..help..


Asked on 10/18/05, 8:27 pm

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: eviction

The answer depends on missing facts. You say the roommate is not on the lease. Who is? You? Anybody else? How did this person come to be a roommate? What was the agreement, if any, when he became a roommate? You don't say if he was to pay any rent, much less how much. You say you have no receipts for rent. Why would you have receipts? He should have any receipts, you would have copies, at best.

Is he there in violation of the lease? Does the landlord know, or did he approve, tacitly or explicitly?

Obviouly, you should have consulted an attorney BEFORE you let him stay with you.

Assuming you are the sole leaseholder, you can give him a written notice to quit. You may want it served on him by a constable or deputy sheriff, to have an independent witness that he was served. Since it is not clear what, if any, rent he was to pay, you may be better off making it a 30-day notice. There are specific requirements for how it must be served. If he does not leave, you will have to begin a summary process (as eviction is called in MA law) action in the court having jurisdiction over your area. Information about these procedures, including filing fees, are available online, or you can hire an attorney.

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Answered on 10/19/05, 10:53 am


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