How to Remove a Roommate Not on Your Lease in Massachusetts

Living with a roommate who isn't on your lease can be complicated, especially if you need them to move out. Massachusetts renters face unique challenges in this situation. Understanding your legal rights and step-by-step options is crucial for a smooth and lawful process.

Understanding Massachusetts Roommate Law

In Massachusetts, if your roommate is not listed on your rental agreement (lease), they are often considered an "occupant," "subtenant," or "guest." While they may not have all tenant protections, you can't simply remove them without following state legal procedures. Attempting to "self-evict"—such as changing the locks or removing their belongings—is illegal and could lead to legal trouble for you as a tenant.

Who is Legally Responsible?

• If you are the sole leaseholder, you are responsible for rent and compliance with building rules.
• Your roommate, if not on the lease, may be considered a "tenant at will" if they pay rent or contribute to household expenses, even informally.

This distinction affects the eviction process, as Massachusetts law protects anyone with a "right to occupy."

Legal Process to Remove a Non-Lease Roommate

The eviction process in Massachusetts is called a "Summary Process." It applies even when you're asking a roommate—not on the lease—to leave. The Housing Court oversees these cases. Learn more about the Massachusetts Housing Court here.

You must follow these basic steps:

• Give your roommate written notice to quit (move out) before filing for eviction.
• Do not attempt a "self-help" eviction. The Housing Court must issue an official eviction order.
• If they refuse to leave, you must file for Summary Process to have the court remove them legally.

Required Notice Forms

• Notice to Quit – This is a formal letter telling your roommate they must move out. For a non-lease roommate, you should provide a minimum of 30 days' notice, or as required by your agreement. Massachusetts does not have a specific form; you may draft your own, but it must clearly state:
  • The date the notice is served
  • The deadline for moving out
  • The reason (no lease or agreement ending)
  Official guidance on Notices to Quit from Mass.gov.
  
  If you're unsure how to draft your Notice to Quit, check MassLegalHelp's sample templates included in the linked guide above.
• Summary Process (Eviction) Complaint (Housing Court Form: Housing Court Summons and Complaint) – If your roommate does not leave by the date stated in your notice, you must file this with the court to start a formal eviction. Download the official Summary Process forms from the Massachusetts Housing Court.

Steps to Eviction: Summary Process in Massachusetts

• Draft and deliver a Notice to Quit—hand-delivered or mailed with proof.
• If your roommate stays past the deadline, file a Summary Process Complaint in the Housing Court serving your address.
• Attend your court hearing. Both you and your roommate can present your cases.
• If the judge grants the eviction, a court order will direct the roommate to move out. Only a sheriff or constable can enforce the eviction if necessary.

This process usually takes several weeks. While it can feel slow, following the law protects you from legal liability.

Your Rights and Duties as a Leaseholder

Even if your roommate is causing problems or not paying, never shut off utilities or change locks yourself. Letting the Housing Court manage the eviction ensures you are protected under Massachusetts law, specifically the Massachusetts General Laws, Chapter 239 — Summary Process for Possession of Land.¹

What If the Roommate Damages Property or Threatens You?

• For emergencies involving violence or threats, dial 911 or contact your local police.
• For property damage, keep records, photos, and consider consulting an attorney or community legal aid.

For most roommate issues, civil eviction through Housing Court is the lawful path.

Key Takeaway: Never try "DIY eviction"—let the court process protect your renter rights, even if your roommate isn't on the lease.

FAQ: Evicting a Roommate Not on Your Lease in Massachusetts

1. Can I just change the locks if my roommate isn't on the lease?
   No. In Massachusetts, changing the locks without a court order is illegal—even if your roommate isn't named on the lease. Only a court-approved eviction allows lock changes.
2. How long does it take to evict a roommate who refuses to leave?
   The entire process—from giving notice to a final court decision—usually takes at least 4–6 weeks, but can be longer if the case is contested.
3. What if my roommate owes me rent?
   If your roommate agreed (even verbally) to pay, you can include this fact in your court complaint. The Housing Court may order them to pay outstanding rent as part of the eviction case.
4. Do I need a lawyer to evict a roommate?
   No, but legal help can be valuable. The court and organizations like MassLegalHelp offer resources and information for self-represented tenants and leaseholders.
5. Will evicting my roommate affect my own tenancy?
   If you follow the correct legal steps, your status as a leaseholder remains protected, unless the situation involved very serious lease violations.

Conclusion: Key Takeaways

• Always use written notice and Massachusetts Housing Court forms to remove a non-lease roommate.
• Never use "self-help" evictions like lockouts or utility shutoffs.
• For legal protection, follow Summary Process and consult official resources.

This approach keeps you and your housing situation secure throughout the process.

Need Help? Resources for Renters

• Massachusetts Housing Court – Official tribunal for residential tenancy and eviction matters.
• Summary Process (Eviction) Forms – Direct download from Mass.gov.
• MassLegalHelp: Eviction Information – Free, plain-language legal guides for Massachusetts tenants and occupants.
• Find Legal Aid in Massachusetts – Government directory of local legal aid providers.

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1. Massachusetts General Laws, Chapter 239 — Summary Process for Possession of Land

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