Legal Question in Real Estate Law in Massachusetts

Subletting and Roommates

Hello,

A friend of mine is interested in moving out of her apartment, and she has found someone to sublet the apartment from her. The landlord has agreed to this. However, one of her roommates is threatening to call her father's lawyers if my friend moves out and sublets the apartment. My question is, does a lease constitute a contract just between the tenants and the landlord, or does it also constitute a contract between the tenants? Does my friend have to have the roommates consent to sublet?

Thank you,

Scott


Asked on 3/14/00, 1:28 pm

2 Answers from Attorneys
Stuart Williams

Re: Subletting and Roommates

Your friend must have her roommate's consent to bring someone into the apartment under the lease.

There's more to this story that could make the remaining tenant think twice about refusing ... call me on the telephone for details.

(617) 527-0050

(617) 527-0050.

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Answered on 3/23/00, 2:45 pm
Murray Davis Law Office of Murray I. Davis

Re: Subletting and Roommates

Dear Scott: Among other issues, it depends upon what the lease says and who signed it. I believe that a competent real estate lawyer would not offer an opinion on a docuement that he/she has not read. Your friend should call me. Murray Davis (781) 593-7379 or e-mail.

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Answered on 3/23/00, 5:38 pm


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