Legal Question in Real Estate Law in Massachusetts
Roommates not paying rent
My son has been sharing an apartment with 2 roommates.Because they are students all of the parents signed a guarantor form. One of the roommates left in Oct. despite having signed a 12 month lease. The other roommate is constantly late with his rent payment. He is now 3 months behind in rent. I have paid my son's rent on time, for the past 12 months and have my cancelled checks . The landlord is now evicting them for non payment. My son's roommate is in Alaska and so my son is the only person who will appear in housing court. Are we going to be held responsible for the 2 deadbeat roommates? The landlord is threatening to hold us accountable for the entire rent as the other parents reside out of state?
1 Answer from Attorneys
Re: Roommates not paying rent
Wow. That is a tough situation for you, and very unfortunate. My short answer is that you are in a bad position; unless the lease is a little unusual, the landlord has the right to attempt to collect from whichever tenant he chooses. I'd like to see the guarantor form you described, however, and I'd look at it with a lawyer's comma-reading eye. More practically, however, a lawyer may be able to settle up a deal with the landlord because in this state landlords are at some disadvantages in battles with tenants. There are a lot of laws that landlords see as favoring tenants, landlord's lawyers are more expensive and are paid up front whereas tenant's lawyers can take less up front because they can often get paid by the landlord (!); the landlord's legal fees are rarely paid by a tenant (if ever).
Contact a lawyer to work out an arrangement and to get some tenant defense advice and some practical advice. Massachusetts is a bit unusual.
Are you local? Where's the apartment? Feel free to call me at (617)527-0050 or write to me via e-mail with any more details.
If this issue is already settled, please let me know by a brief e-mail.
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