Post Content

We get asked this question at our library sometimes.

If your roommate is terribly annoying, can you evict your roommate?
No, unless you are subletting part of your apartment to your roommate, you cannot evict your roommate.  If the roommate is violating some aspect of the lease, you may be able to persuade the landlord to evict your roommate, but that action would also affect you.  In effect, you would both be evicted, and if you were lucky, you could convince your landlord to let you stay with a new lease. 
You can read about this on Nolo.com’s  webpage Roommates: Renting a Place With Others, which says:
“…joint liability doesn’t mean that you can evict a cotenant. Only landlords can do this. …

This means that cotenants cannot force each other out. If your roommate becomes insufferable, you’ll have to work it out between the two of you unless the roommate’s behavior is alsoa violation of a lease or rental agreement clause (for example, illegal drug use). Although a violation of this nature would justify the termination of both your tenancies (joint and several liability!), you might get lucky if your landlord pities you and lets you stay.”

Further information on this may be found at Nolo.com’s online page on Roommates, which includes topics such as “Legal Issues with Roommates” (including terminology).   “Roommates, Renting a Place With Others: Legal Obligations and Responsibilities of Roommates; How (and why ) to prepare a roommate agreement. “ “ When a Roommate Wants to Leave Early.” “Adding a New Roommate.”  “Sample Letter to Landlord: Permission to Add a Roommate.” 
Further information on Landlord Tenant Law in Massachusetts may be found on the website of the Massachusetts Trial Court Law Libraries.

Written By:

Recent Posts

Massachusetts Declaration of Rights – Selected Secondary Sources posted on Feb 2

Massachusetts Declaration of Rights - Selected Secondary Sources

Selected Secondary Sources From January 1, 2019 through January 30, 2019, Massachusetts Law Updates presented a daily series of blog posts showcasing the 30 Articles in the Declaration of Rights in the Massachusetts Constitution. In addition to the text of the Articles, the posts include   …Continue Reading Massachusetts Declaration of Rights – Selected Secondary Sources

Massachusetts Declaration of Rights – Acknowledgments posted on Feb 1

Massachusetts Declaration of Rights - Acknowledgments

Acknowledgments The series of Massachusetts Law Updates blog posts showcasing the 30 Articles in the Declaration of Rights in the Massachusetts Constitution, posted in January of 2019, would not have been possible had not the articles been drafted by John Adams at his kitchen table   …Continue Reading Massachusetts Declaration of Rights – Acknowledgments

Massachusetts Declaration of Rights – 30 Articles – Index posted on Jan 31

Massachusetts Declaration of Rights - 30 Articles - Index

From January 1, 2019 through January 30, 2019, Massachusetts Law Updates presented a daily series of blog posts showcasing the thirty Articles in the Declaration of Rights in the Massachusetts Constitution. Below, please find an index hyperlinked to those blog posts. Introduction Article 1 –   …Continue Reading Massachusetts Declaration of Rights – 30 Articles – Index