Kicking someone, not on the lease, out of the apartment (apartments, attorney)

[lrfox]

I've seen a few of these threads and have always hoped I wouldn't need to ask something similar. However, I have a little problem. I let a friend who was between apartments stay for "a few days." We agreed to 7 tops. That was 22 days ago. Over that time I've come to learn that there was no "other apartment" and that this friend had nowhere to go. I let her stay longer to be nice, but I'm getting the impression that she has no intention of leaving. I'm going to approach this as a friend, but I want to be prepared for the worst case scenario. Do I have any legal ground to stand on? Any experience or advice? I don't want to call the police but I want to know what to expect if it gets to that. Thanks.

Edited to add: my name is the only one on the lease and that she hasn't paid anything, nor has any agreement been made to pay rent.

[495neighbor]

If it is not so great a friend afterall, you could wait for them to leave the apartment and then quickly change the lock on the door, assuming you have given them a key in the first place.

[dravogadro]

//www.city-data.com/forum/23563964-post45.html
MA Landlord and Tenant Law Questions and Answers | The Forum for Massachusetts Law

Find out in MA Law:
- is this person considered a tenet or not because 1) not paying rent 2) under 30 days occupancy
- if not, you can just change the locks

- if they are considered a tenet under MA law, it gets more complicated
- does your lease say anything about additional tenets? If you have to evict her, you might get evicted.

[David223]

Your "friend is taking advantage of your kind heart. If you don't get her out of your place now it will just get worse and worse. So far she has stayed three times longer than what was agreed to. Find out what you have to do and get this no-friend out.

[miu]

Does she ever leave the apartment? Did you give her a set of keys? Just change the locks and keep her out. Put her belongings just outside your door. If you have to, lock her out and then you leave for a few days. Make sure your landlord knows that she is not anyone that should be allowed in your apartment in your absence for any reason (in case she pretends to be a family member).

I'm sure that she could find a temporary place to reside at in a womens shelter. Rosie's Place might be a good solution for her.

Home - Rosie's Place

[CaseyB]

Unfortunately, you may have to get the police involved. Give her a couple of days warning if it comes to that.

[MikePRU]

My hope would be that you could resolve this simply by talking to her. If not, I would doubt the law would see her as a tenant since there is no contract, agreement, or even a payment plan in place. Worst case scenario is that you'll probably have to call the police and say she is trespassing.

[lrfox]

Thanks for the advice. I called a friend who is an attorney today and he said that since she is truly a guest, not a tenant (never paid rent, not on lease, and has been here under 30 days), I can simply call the police should she refuse to leave. I'm at work now, and I'm going to speak with her when I get home. If it goes south, I'm going to have to involve the police. This has been an eye opening experience so far. I'll post back regardless of the outcome.

[SpringMom3]

Good luck, please post an update if you can.

[mmyk72]

When she moves out, can I come live with you... Ugh for just a few days?