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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default An Occupant vs. a Sublease

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

    I sub-leased an apartment to someone who has not paid my rent since moving in. The contract that we signed (from my apartment building) stated that she has no rights and is simply an occupant and I'm still the leaseholder. What would I need to do to evict her? Can I move back into the apartment while she is still there?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: An Occupant vs. a Sublease

    If you're her landlord, accepting rent from her, then you need to follow proper eviction procedures. You don't get to move into an apartment you've rented to somebody else.

    She may have signed something that says that she's only an occupant in relation to your landlord, but that contract wouldn't change your landlord-tenant relationship with her. The purpose of that agreement, from your landlord's perspective, would be to avoid having to separately evict her if they terminate your tenancy or when it comes to an end - as an occupant, her rights end when your rights end.

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