Legal Question in Real Estate Law in Massachusetts

Landlord refuses to allow additional tenant to share apartment with myself

I have rented a 2 bedroom/1 bath/1 livingroom unit. I have decided it has become difficult to pay the rent by myself. I have found a willing party to share the unit with me. My landlord refuses to sign a new lease including this tenant, and further says that the ''new roomate'' is not allowed to live with me and share the apartment.

Can I let this new person live with myself and conduct a private arrangement between ourselves?

Can the landlord prevent someone from moving in?


Asked on 3/01/02, 12:35 am

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: Landlord refuses to allow additional tenant to share apartment with myself

If your lease states that you cannot add a new tenant without the landlords's approval then you would be in violation of the lease if this person moved into the apartment. The landlord would have grounds to terminate the lease and institute eviction proceedings. Most landlords put this type of language in their leases so they can control (or have prior approval) who they will rent to. The landlord is under no obligation to rent to any particular person as long as the landlord is not discriminating based on race, family status, etc. Discrimination cases can be hard to prove unless there is a pattern of refusing to rent to a particular group of people.

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Answered on 3/01/02, 8:56 am


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