How to Evict a Roommate in Massachusetts (and Other Household Situations)
What Massachusetts law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: 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. G.L. 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 |
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| 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. |
| Guests who won't leave | No statute sets when a guest becomes a tenant. Massachusetts law says no person may recover possession of land or tenements in any way other than a summary process case under chapter 239 or another proceeding authorized by law. Whether a short-term guest has 'possession' that requires a court case depends on the facts. A guest who pays rent or receives mail and stays long-term is more likely to be treated as an occupant who must be removed through court. Source: G.L. c. 184, § 18 |
| Removing a family member or partner | No statute sets a separate procedure for removing a family member or partner without a lease. The general rule applies: possession of a home may be recovered only through a summary process case or another proceeding authorized by law. Where there is abuse, a court protective order may order a household member to leave the home. Source: G.L. c. 184, § 18 |
| Renting a room in your own home (lodgers) | No statute sets special eviction rules for a lodger in an owner's own home. A 'lodging house' is a house where lodgings are let to four or more people not related within the second degree to the operator; such houses fall under the licensing rules of G.L. c. 140, §§ 22-31. In a rooming house where rent is paid weekly or daily, a tenancy at will that ends without the tenant's fault may be followed by an eviction case seven days after written notice. Fewer than four unrelated lodgers in a home does not make it a licensed lodging house. Whether a lodger has a tenancy depends on the facts, and the general rule against self-help (G.L. c. 184, § 18) still applies. Source: G.L. c. 140, § 22; c. 186, § 13 |
| Tenancy at will | Either party may end a tenancy at will by written notice of three months, or, where rent is paid more often than every three months, by notice equal to the rental interval or 30 days, whichever is longer. For nonpayment of rent, a landlord may give a 14-day notice to quit. Tenants at sufferance (holdovers without permission) must pay rent for the time they stay. A tenant who has not received a nonpayment notice in the past 12 months can stop termination by paying all rent due within 10 days of receiving the notice. Source: G.L. c. 186, §§ 12, 13, 3 |
| Hotel and extended-stay guests | The tenancy-at-will termination rule in G.L. c. 186, § 13 and the landlord-wrongdoing rule in § 14 expressly exclude 'a room or rooms in a hotel'. No statute sets a number of days after which a hotel guest gains tenant protections. A long-term hotel or motel resident may still be found to be a tenant depending on the facts. Source: G.L. c. 186, §§ 13, 14 |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Massachusetts eviction laws · Free legal help in Massachusetts · Roommate rules in other states
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.