Legal Question in Landlord & Tenant Law in Massachusetts

Subletting

I live in an apartment under lease with a roomate. Before signing the lease we found a third roomate to rent with us, and an oral agreement that she would stay the duration of the lease. This was witnesses not only by myself, my other (legally bound) roomate, but as well as our boyfriends, girlfriends, and many mutual friends. The only reason she wan't put onto the lease is because we're in college and paying an extra $100/month for that didn't make sense at the time. Now it does because she wants to leave and doesn't want to pay the remaining months. To add to it all, just yesterday she agreed to pay rent until the end of December even after moving out ''because she felt bad''.

Do we have any basis for pursuing reembursement for months without someone to replace her?


Asked on 7/26/06, 2:50 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Subletting

The answer depends on the terms of the verbal agreement which would be easier to prove if it had been in writing, and which may be unenforcible if the landlord's lease prohibited subletting. Retain an attorney to review the lease and the verbal agreement. Good Luck!

Read more
Answered on 7/27/06, 4:40 pm

Re: Subletting

Abent a written agreement, the most you can expect to obtain is 30 days rent. If she is willing to put the agreement to pay through December in writing, then you could enforce that if she does not pay.

Also, you may have aproblem depending upon your landlord's lease as it may prohibit subletting without written consent.

Read more
Answered on 7/26/06, 3:07 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts