Legal Question in Real Estate Law in Massachusetts

my daughter has someone who is living in her apartment but is not on the lease (she and another roommate were told he was on the lease by a former roommate who supposedly filed the paperwork to take herself off of the lease and put him on. But, she did NOT file the paperwork). Now, he hasn't paid his rent and the girls got an eviction notice. What are our rights for getting him out of there? Does he have any squatters rights after living there for 2 months or is he "trespassing"? Please help!!


Asked on 2/22/10, 1:56 pm

1 Answer from Attorneys

You give him a 14 day notice to quit and then file Summary Process to evict him as well as filng a trespass action and seek his removal. You also notify the former roommate she will can be held liable for the rent since she did not file the paperwork.

You defend the eviction by stating the Landlord agreed to the 3rd roommate to live there without a lease and therefore argue the Landlord has to evict only the roommate.

Good luck

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Answered on 2/27/10, 3:52 pm


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