Legal Question in Landlord & Tenant Law in Massachusetts

remaining roommate not paying full rent
I rented an apt to two roomates. The lease was an automatic renewal after one year. It's been 1.5 years. One roommate gave 60 days notice that she was leaving. The other roommat decided to find another roommate and stay. He has not found one. I told him we should enter into a new lease with just him on it beginning November and he has ignored my messages. I just received November rent and it's only 1/2 of what is due (his usual payment). The lease stated the rent was $X/month and [name & name] collectively and individually are tenants. Can I consider 1/2 rent as ''non payment'' and process eviction? I get the feeling he has no intension of paying more or getting a room mate.

Asked on 10/30/07, 7:46 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: remaining roommate not paying full rent

Attorney Roth is correct. You should consider 1/2 payment "non payment" and commence an eviction by serving 14 day Notice to Quit. Make sure that you seek payment of all rent due.

As a landlord, you also have an obligation to mitigate, or lessen, your damages. This means that you must make reasonable efforts to fill the vacant apartment as soon as possible.

There is a chance that you are actually dealing with a tenancy at will. If the prior lease term ended and you did not enter into a written agreement for a new lease term, you are now month-to-month.

I am located in North Quincy. Please feel free to contact me.

Answered on 10/31/07, 9:54 am

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