Legal Question in Landlord & Tenant Law in Massachusetts

Problems with my roomate's threatening boyfriend

Hi, my roomate and i are not getting along. While we are fighting however, her boyfriend constantly gets in the way. He has started talking to me in a threatening manner and i do not feel safe with him in the apartment. He is always there and sleeps there between 2 and 4 nights a week. Am i allowed to say he cannot come over because i do not feel safe?


Asked on 11/06/05, 5:10 pm

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Problems with my roomate's threatening boyfriend

You certainly can say that. Whether it will have any effect, other than to make the boyfriend even more of a problem, I can't say.

Since you don't say how you are roommates, there's not much more I can say. If you are in a dorm, in an apartment with both of you on the rental agreement or lease, an apartment in which only you or only she is the lessee, in a roominghouse sharing a room literally, in a cell in a prison, it means a different answer.

You also do not specify the threats he has made.

If you are on the lease or rental agreement (even if it is not in writing), you are entitled to quiet enjoyment. You can try to get a restraining order against him, but thius is only a piece of paper. It may land him in jail if he violates it, but it does not protect you physically. You can ask the landord to deal with your roommate and tell her she will be evicted if she lets her boyfriend continue. Most landlords will say it's not my problem.

You can move out, and if your roommate has any assets, you can sue her for the higher rent you might have to pay for as long as the term of the tenancy you have, although you can't go out and rent the most expensive apartment you can find.

You can sue your roommate in a court and ask the court to evict her, in effect (it gets technical, as it is not just an eviction if she is on the lease/agreement). This will also infuriate the boyfriend.

If the boyfriend has a short fuse, he may have been in trouble before and may even be on parole or probation. Call the local police department (or the police department where he lives) and explain your problem.

Ultimately, the cheapest and least stressful way to deal with it is to move out, which may be what they are trying to do. Be sure to get a release from your lease or rental agreement from the landlord. Your roommate will be responsible for the entire rent, which may be the best revenge.

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Answered on 11/07/05, 8:14 am


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