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  1. #1
    Join Date
    Oct 2014
    Posts
    3

    Default Can You Get Your Co-Tenant Evicted

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

    A co-tenant and I signed an at-will month-to-month rental agreement. The agreement provides that either the landlord or an individual tenant can leave at anytime, if they provide 1 month's notice, e.g. notice before end of August, leave at end of September.

    My co-tenant has made several violations of the lease agreement:

    1. She brought in 1 extra resident (her partner) without informing the landlord. The lease allows for only 2 permanent residents.
    2. She brought in an additional resident for a period of over a month. The resident has left, but he stayed past the limit specified on the lease.
    3. She and her partner smoke cannabis daily in the apartment. They do not have a permit for medical cannabis or for recreational usage.

    Additionally, my co-tenant has asked for me to pay 50% more of my usual share of the rent. We didn't have a written down roommate agreement, and obviously the landlord doesn't give a damn how the rent gets paid, only that he gets all of it each month.

    My co-tenant has no/poor credit (history) and also negligible income (on the order of maybe $150/week). Her partner helps supplement the income, but he is not on the lease.

    On the other hand, I have excellent credit and a lot more income--enough to rent the apartment out by myself.

    Given all this, is there anyway I can discuss with the landlord about giving notice to my co-tenant? What risks are there in doing so?

    Please advise.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Get Co-Tenant Evicted

    The risks are he would have to terminate your lease meaning both of you. Now of the landlord terminates the lease with both of you on it he can sign a lease with just you if he so chooses. Whether he will or not is totally up to him.

  3. #3
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Can I Get Co-Tenant Evicted

    I see.

    Would I have to pay a realtor's fee again for doing another lease with the same place?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Get Co-Tenant Evicted

    not if you do not use a Realtor or you have some existing contract where you are obligated to pay a Realtor for finding a new residence, even if they are not directly involved in finding the new residence.


    Here's what you do:

    go to the landlord. Tell them you want to terminate the lease that also includes your current roommate only if you can sign a new lease with the landlord for the same unit without the current co-tenant included.

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