What to do if my roommate’s girlfriend is practically living in my apartment?

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What to do if my roommate’s girlfriend is practically living in my apartment?

One of my two roommates has a new girlfriend who he is spending every second of his life with. She has been staying at our apartment 5 to 6 nights per week including showering there in the morning and going to and from work. I have asked them to split the time evenly between our apartment and hers, but it has not gotten any better. I am trying not to make a big issue because of my friendship with my roommate but it is starting to cross a line. Our lease states that we are only allowed to have guests 2 nights per month. What can I do to stop her from practically living at my house?

Asked on July 26, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your lease limits the number of guest nights, you could look to enforce the lease against your roommate. You could potentially sue him yourself, since you are both parties to the lease, to enforce the term; or you could try complaining to your landlord, documenting the lease violation for the landlord, in which case, the landlord may serve him with a notice to cease, or stop doing this; if he does not, the landlord may evict him. These are both drastic steps with considerable downside to you: in the first instance, you have the cost and acrimony of a lawsuit; in the second, you run the risk of having your roommate evicted, which leaves you effectively responsible for the full rent.,


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