Submitted by Fish on Mon, 11/28/2011 - 09:14
Posted in
Hi. I live with two roommates in Boston in one apartment. I'm on the lease along with the other two guys. The rent is killing us (just students) and we have another friend with good references who wants to move in and share one of the bedrooms. The landlord said no. I understand our lease says we can only have three people, but we would have paid a little extra to make it worth while. The landlord says the law does not allow him to rent to four our more unrelated people. Is he making that up or is there such a law? Also, one of my roommates says he has to move out because without the new roommate, he can't afford his part of the rent. Will he be liable for the rent or can the landlord get if from me?
Lodging or boarding house vs. apartment building
Yes, there really is such a law in Massachusetts, sort of. Massachusetts law states that, in order to rent an apartment unit to four or more unrelated adults, a landlord must obtain a lodging house license. But to get that license, certain requirements must be met, most notably (and expensively), the building must be equipped with a fire sprinkler system. See Massachusetts General Laws Chapter 148, Section 26H.
Interestingly, the Massachusetts Appeals Court just handed down a decision that was probably on your landlord's mind at the time he rejected your request. In City of Worcester v. College Hill Properties LLC (Mass. App. Ct. Nov. 8, 2011), the Court upheld fines imposed by the City of Worcester and confirmed that a special license is required before a landlord can rent a singly housing unit to four or more unrelated adults.
Even if this law was not relevant, however, your landlord would not be under any obligation, legal or otherwise, to honor your wishes regarding a new roommate. This law, and the recent decision, just give him something to lean on, I suppose.
Regarding your second question, all parties who sign the lease are responsible for the entire rental payment. However, if your landlord sues you for unpaid rent after your roommate moves out, you can take legal action against the roommate to recover any money you pay for his share of the rent. Good luck.