Legal Question in Real Estate Law in Massachusetts

Evicting a roommate

I have a tenant with a roommate. He wants the roommate out for not paying his share of the rent. The rent is paid in full. Can I evict the roommate, or is this disput none of my concern?


Asked on 5/15/00, 3:27 pm

1 Answer from Attorneys

Re: Evicting a roommate

You can help your paying tenant by ... "refunding" (into safekeeping, i.e., your lawyer, ME!) half the rent and "evicting" both tenants for non-payment, telling your good tenant to trust you and stand firm, then making a new tenancy with just him (but let him sublet with permission). It's kind of strange but can be legal. You can make the rent in arrears retroactively to do that, unless you've given a receipt or whatever.

It's an odd thing to do, though, but it can be made to work.

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Answered on 7/04/00, 1:51 am


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