Legal Question in Landlord & Tenant Law in Massachusetts

No Lease

My situation is rather complicated so

ill try to explain it in great detail.

In August, I moved in apartment

with a roommate (in Massachusetts).

We had no contract; i was just told to

pay $X amount a month (I paid a

first, last, and security deposit). I

went on tour overseas in November

and initially thought i would be back

after 3 weeks but it ended up being 6

months.

Now the roommate is demanding

payment for the 6 months I was

gone...is this legal? Also while i was

away, i told him, by email, that i am

not sure when/if i will be back and I

told him to find another roommate. I

sent my father to pick up my things,

but the roommate was not there.

The roommate has told me that he

has filed a police report for breaking

an entering...is this legal? He also

told me that he is going to sue me

for the 6 months of rent. How can

this situation be fixed? I refuse to

pay rent for an apartment that i was

not living in...especially with no

contract.

Any help would be appreciated.


Asked on 6/01/08, 3:39 pm

1 Answer from Attorneys

Re: No Lease

If you had a key and authorized your father to pick up your things, then it is not breaking and entering. I doubt the police will do much about it unless he alleges your father took his things.

As to the lease, you had at best a month to month lease. The email to him should entitle him to 30 days rent from that point in time. So if you sent him the email in the second month, you might owe one or two months rent but not six months.

If on tour, you mean with the military, he can't sue you until you return. If you went on tour with something else (non-military) then you can be sued but he needs to sue you at your last known address. I would suggest you give him an address to serve you at so you can respond in a timely manner, either through your father or an attorney.

Good luck

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Answered on 6/01/08, 4:40 pm


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