Legal Question in Real Estate Law in Massachusetts

Can Roommates force out subleter?

I am subletting an apartment with 2 roommates. They have mentioned that they may want to find someone else to move in. I pay my rent in full and on time every month. I have not signed a lease and I have one utility in my name. Are they allowed to force me out of the apartment? What are my rights?


Asked on 10/18/00, 6:45 pm

1 Answer from Attorneys

Re: Can Roommates force out subleter?

Legally, your rights to live there are those of a tenant-at-will, which means that to get you to leave, they must still follow the law, with rigid procedures, technical accurate language on notices they give you (or else they start again), an actual court procedure, and it takes an average of 6 months but a minimum, usually, of 3 months to evict you, assuming you have NO legal defenses that would allow you to oppose eviction! (You haven't mentioned any.)

Practically speaking, you might not want to share the place with people that want you gone.

You wrote that you are subletting with two roommates; are they also subletting? If they are on the lease and you are not, they each become, for eviction purposes, a possible landlord to you. If they're not on the lease, then there's another gray area that arises ... do you pay the rent to them or to the real landlord?

Write to me privately to respond and I may have more comments for you.

As always, since I couldn't ask you questions, I may not have been able to give you useful advice, so I ask that you not rely on these answers alone; also, I'm frankly not sure on some points so, again, don't rely without further discussion, i.e., mailing me or calling me with the full story.

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Answered on 11/14/00, 8:27 pm


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