Legal Question in Landlord & Tenant Law in Massachusetts

Roommate Not Paying Rent

I own my own house and a collegue/friend has not paid any rent in about 15 months. Here is the story - He moved in around July 2006 after his wife threw him out of his house. He agreed to pay $900 with all utilities. He paid 2 months in 2006. Lost his job in October of 2006 so I told him it could wait until he got a job - there was never a lease or contract. He got a good paying job in Sept of 2007 I have asked him to pay and says he cant do it. Total is about 14k now - I dont want to ruin the friendship but his job is paying a lot more than mine and he agreed to pay the rent - now that he is working I know he is paying other debt - but I also feel I sould be calculated in this and be paid. He has not offered to pay anything since he got his new job - I have asked him to find another place to live and now Im afraid I will never get my money. What advice would you suggest ? - Small claims has a cap of 5k I think - is that better than nothing at this point? - Again, we never had a lease or contract but he did pay 2 months at 900 when he first moved in and before he lost his job. Thank you for your time and help.

Steve


Asked on 1/24/08, 2:46 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Roommate Not Paying Rent

I would suggest that you give him a thirty-day notice to quit, and that you prepare to enforce it through a summary process eviction.

If he becomes threatening, you are entitled to the protection of the Abuse Prevention Act under M.G.L. c. 209A, because you reside in the same residential unit.

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Answered on 1/27/08, 11:47 am


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