Legal Question in Real Estate Law in Massachusetts

Unwanted houseguest

I rent an apartment and a friend asked me if she could stay here for ''a couple days''. This was almost 2 years ago. Does she have any legal right to remain if I tell her to move out? Do I need a ''30-day Notice to Quit'' as if I were a landlord? What sort of legal action can she take against me? Does Massachusetts have a ''common-law'' marriage? My name is on the lease but she has been splitting the rent with me. Please help. Thanks.


Asked on 1/15/02, 1:13 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Unwanted houseguest

The landlord is the only person who can file an action to remove your "houseguest". Based on these facts, the houseguest would probably be considered a trespasser unless the "houseguest" could show that by paying rent she has established a tenancy with the landlord. If the landlord knew she was there and/or accepted rent from her then the landlord may have agreed to her tenancy. Mass does not have a common law marriage. Based on these facts, I am not sure what claims she would have against you. You should consult the lease regarding your tenancy. You may be in violation if there is language stating you cannot add roomates without the landlord's consent. The landlord may seek to evict you if you are in breach of the lease. If she has been paying rent, she may be able to establish rights as a tenant.

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Answered on 1/15/02, 4:33 pm


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