Roommate Agreement in Massachusetts

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Massachusetts law says

Roommate not on the lease	Massachusetts has no statute defining when a roommate not on the lease becomes a tenant. Summary process (eviction) is available against a lessee 'or a person holding under him' who stays without right after the lease ends, so a person who lives in the unit through the leaseholder can be part of an eviction. Whether a roommate is a tenant at will of the owner, a subtenant of the leaseholder, or a guest depends on the facts, such as who they pay rent to and whether the landlord accepted them. Source: G.L. c. 239, § 1
Removing a roommate or subtenant	No one may recover possession of a home except through a summary process case under chapter 239 or other proceedings authorized by law. A leaseholder who rents to a roommate must end the roommate's tenancy with proper written notice (for a tenancy at will, generally the rental interval or 30 days, whichever is longer) and, if the roommate stays, bring a summary process case; lockouts and utility shutoffs are illegal. Removing or excluding a tenant without a court order can make the person who did it liable for three months' rent or three times damages plus attorney's fees. Source: G.L. c. 184, § 18; c. 186, §§ 12, 14, 15F; c. 239, § 1

Roommate not on the lease

Massachusetts has no statute defining when a roommate not on the lease becomes a tenant. Summary process (eviction) is available against a lessee 'or a person holding under him' who stays without right after the lease ends, so a person who lives in the unit through the leaseholder can be part of an eviction. Whether a roommate is a tenant at will of the owner, a subtenant of the leaseholder, or a guest depends on the facts, such as who they pay rent to and whether the landlord accepted them.

Source: G.L. c. 239, § 1

Removing a roommate or subtenant

No one may recover possession of a home except through a summary process case under chapter 239 or other proceedings authorized by law. A leaseholder who rents to a roommate must end the roommate's tenancy with proper written notice (for a tenancy at will, generally the rental interval or 30 days, whichever is longer) and, if the roommate stays, bring a summary process case; lockouts and utility shutoffs are illegal.

Removing or excluding a tenant without a court order can make the person who did it liable for three months' rent or three times damages plus attorney's fees.

Source: G.L. c. 184, § 18; c. 186, §§ 12, 14, 15F; c. 239, § 1

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · Massachusetts tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.