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  1. #1
    Join Date
    Nov 2018
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    2

    Default Can My Roommate Sublease Without My Consent

    My question involves landlord-tenant law in the State of: Massachusetts

    I am extremely distressed. My roommate (and longtime friend) of 4+ years informed me that she was moving out and subleasing her room in our shared apartment. We have both signed the lease, which does not allow for subleasing. There is 10 months left in the lease (originally 12 months).

    I REALLY don't want to live with a random roommate. I told her that I would be open to her finding a subletter as long as they fit a list of criteria (woman, professional, etc.), however she keeps pushing back and demanding that I let a younger male move in. I also told her that, if she covered the buy out, I would be willing to move, but she has said it would be too expensive.

    At this point, I am very stressed. I would like to tell her that the lease says no subleasing and I do not feel comfortable living with a stranger so therefore, she cannot sublease. However, I am afraid she will then move out and refuse to pay her portion of the rent. Is it reasonable for me to tell her that she cannot sublease? If we were to go to court over unpaid rent would I win?

    Thank you.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can My Roommate Sublease Without My Consent

    You both signed the lease together, which means that you are both obligated to the landlord to follow the lease requirements. The provision against subleasing is a provision between each of you and the landlord, so it is the landlord that would have the right to enforce the no sublease provision. So you could see if the landlord will in fact enforce that provision. Depending on how the lease is written and the state case law (court opinions) you might be able to make the argument that the landlord is obligated to you to enforce that against the roommate. You'd need to ask a local landlord/tenant law attorney about that.

    Another alternative is that you could help your friend find someone who would be acceptable to you as a roommate.

    But unless you and your friend have an agreement between the two of you on sharing the apartment where she committed to you (rather than to your landlord) that she'd stay the whole year I don't see that you have a good claim to sue her if she moves out and get a subtenant who is willing and able to pay her share of the rent.

  3. #3
    Join Date
    Nov 2018
    Posts
    2

    Default Re: Can My Roommate Sublease Without My Consent

    Quote Quoting Taxing Matters
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    Another alternative is that you could help your friend find someone who would be acceptable to you as a roommate.
    Yes, I have been trying. Unfortunately I don't have a lot of time to do this because I am in my first year of residency and I just had a death in my family (so I have had to fly back to from MA to CA every weekend to help out with that).

    Thanks for your help!

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