Legal Question in Landlord & Tenant Law in Massachusetts

Tenants right to have guests

When I signed my lease three years ago it stated the occupancy based on one person, as I was moving in alone. My understanding was that the landlord only wanted one name on the lease so as to only have one person liable for rent, etc. Anyhow, a friend needs a place to stay for a couple of months and seeing that I have a large two bedroom, I offered her the second room. As a matter of courtesy I let my landlord know that I would be having this guest for a short period of time. He referred to the lease as being limited to one person, and that if I should take in this guest I may be subject to an increased rent. Can he do this? I am not taking on a permanent co-tenant, merely providing a friend with a place to sleep for a couple of months, tops. There is nothing in the lease that says no guests. What are my rights? Thank you.


Asked on 5/07/03, 11:17 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Tenants right to have guests

You are correct that you have the right to have guests. However, based on these facts, this person would not be considered a guest. A guest is a person who may stay over occasionally. In other words, a temporary visitor. A person who resides in the unit for a few months probably would not be considered a guest. The landlord is justified on relying on the lease and prohibiting another tenant (even for a few months) from occupying the premises. If you do not resolve the issue and the person does stay with you, the landlord could terminate the lease and file an eviction action against you.

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Answered on 5/08/03, 10:53 am


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