Boston Law: Removing One of Two Tenants From a Lease

[Brett Baghdoyan]

Hey BP Forum Heroes - 

I'm new to BP and this is my first of hopefully many posts!

I have a question about Massachusetts Landlord/Tenant Law that I can't seem to find a specific answer to, likely because it's a very specific circumstance.  I'm sure I could spend an hour with a Real Estate attorney, but I'd rather save the $150+ and see if anyone here can help me out.

The situation is as follows:

Tenants A & B signed a  year long lease in August 2016 to occupy the unit.  Tenant A has told the landlord that Tenant B has moved out because they are no longer dating.  The landlord has tried to get a hold of Tenant B on multiple occasions to verify that this is in fact true; that this tenant has indeed vacated the premises.  Tenant A has requested a new lease and to be the sole occupant of the unite so that Tenant A can apply for a utility assistance program through the State of Massachusetts.  So, the Landloard (me) is left with the situation of not wanting to wrongfully and illegally remove Tenant B from the lease without Tenant B's knowledge or consent, but the Landlord cannot get a hold of Tenant B to discuss the matter.

As far as I can tell, the only way to really confirm if Tenant B no longer lives at the premises would be to stake the place out for hours on end unless I can speak directly with said Tenant which again, is proving quite difficult.

I know there are "abandonment" clauses in Mass. rental laws, but given the unique circumstances, I'm not sure how those apply to my company being able to remove Tenant B from the lease without written notice to quit or consent from that Tenant them self.  And even if we did serve Tenant B with a notice to Quit - what would the infraction be?  These tenants are up to date on their rent and have not done anything nefarious or disruptive.

Is anyone able to assist me in this matter?  Also, thanks for reading the wall of text. 

Happy Holidays!

[Thomas S.]

It's not your problem to solve. You have a tenant and you have a lease, as long as you keep receiving rent then the problem is the tenants not yours. Tell your tenant to contact her ex and have the ex then contact you if they are to be removed from the lease.

Landlords have no obligation to chase after a tenants problems in a situation like this. If the ex wants off the lease it is up to them to contact you. LMR and security deposit is also not your problem, that must be worked out between the tenants. The one that stays owes money for LM and deposit to the one that leaves. Period.