Legal Question in Civil Litigation in Massachusetts

Barring a Person from my home

While we were still dating me, my ex girlfriend and two other friends rented an apartment together. We are both on the lease. We broke up, and now she is dating one of my friends (who does not live in the house). I obviously do not want to see either of them. I know I cant do anything about her, but do I have any legal right to bar him from my house, even if she wants him there?


Asked on 4/09/09, 11:24 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Barring a Person from my home

If a lessor invites somone, that person is a guest. To this end, unless they spend too much time or violate the terms of the lease, you cannot do anyting.

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Answered on 4/10/09, 9:36 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Barring a Person from my home

Yes. An individual co-tenant's right to exclude over-rides the right to allow entry. You would have to serve the ex, the ex-friend, and other co-tenants with written notice, and give copies of the notice to police.

Obviously, this is going to raise tensions significantly. A more practical solution would be to negotiate an agreement for you to leave, and for the landlord to agree to let you out of the lease. Why? Because this type of thing leads to anger. Anger leads to Abuse Prevention Orders ("Restraining Orders") whether there is genuine fear or not. Abuse Prevention Orders lead to you OUT OF THE HOUSE and still legally obligated on the lease, as well as police involvement in your life -- and the ex-friend gets to be there with your ex, because your right to exclude is voided by the Abuse Prevention Order. Did I mention that you would still be legally obligated to pay your share of the lease?

Someone has to stop being stubborn and move. Let it be you, unless you LIKE the alternatives I have proposed.

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Answered on 4/12/09, 8:34 am


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