Evict a roommate who is not on the lease?

Question

Mr. DING approves Mr. XX to move in on a "verbal agreement" as a roommate.
XX is not listed on the lease thus only binding Mr. DING and the landlord. Landlord was made aware of Mr. XX before he moved in.
Mr. XX true colors start to show clearer among them cleanliness/periodically late with the rent/utilities e.t.c he has stopped paying for everything. Mr. XX own a bed & 21 inch TV everything else belong to Mr. DING.
Mr. DING has informed the landlord of the unwanted roommate a notice was sent to MR. XX via email by Mr. DING 0n September 11TH asking him to move out by Sept 30TH. Come October 1st, 2nd then 3rd Mr. XX defied the notice, when confronted he verbally promised to be out October 15TH. Mr. DING has a four & a half yrs old daughter she visits two overnights a week and could use the room.
QUESTION: In the State of Massachusetts can Mr. DING change locks come October 15TH and if NO, what are Mr. DING’S options?

Answer 1

ok you have to EVICT him. thats right beause he has a key, can prove he's gotten mail ther and personal belonging are in the residence, you must evict him properly or he can SUE you.

Answer 2

I am not a lawyer. Here is my (perhaps flawed) understanding.

Original landlord is not involved, although he is very interested, as this could turn into an ugly battle. This is between Mr Ding and Mr. XX. This underscores the importance of written agreements. Depends on the legal climate in MA. Mr. Ding has effectively become a landlord who sublet to Mr. XX. Contracts, even verbal contracts, are enforceable, but very difficult to prove in court. (see verbal contract link)

If I were in Mr. Ding's position, I would get Mr. XX to somehow agree (in writing) to quit the premises. This would constitute an enforceable written contract.

Answer 3

It sounds like she isn't on the hire in accordance with what you assert. besides the indisputable fact that, you do not have a legal suited to "positioned her out" if she lives there now. Your landlord says which you're "the two tenants" because of the fact if he have been to evict her, he can not. He has no settlement together with her. He does, besides the indisputable fact that, have an settlement with you. A month to month hire is mostly a continuation of the signed hire you do have on a 30-day foundation. subsequently, to get her out, he might could evict you and all tenants. you may provide her a existence like time to vacate the premises, 30 days. This could be provided to her in a written request. If she fails to vacate at that factor, you will could record an eviction with the courts. it is going to take particularly some time and money nevertheless. It additionally could disillusioned your landlord. you may run the probability of your landlord getting sick of the drama and furnish you with a word to pass away. replaced into it against your hire to enable her flow in? i might attempt to paintings it out or locate out what it is going to take to get her to pass away on her own accord.

Answer 4

"verbal agreement" is not legally binding and does not constitute a contract.

This is a matter of ethical responsibility and when it comes to leases, the Landlord and you must ensure the third party comits himself to a contract.

Answer 5

I am including a website with information on Massachusetts' eviction laws.
www.rentlaw.com/eviction/maeviction.htm

Answer 6

if the roommate has been asked to leave and does not, call the police and have him/her arrested for trespassing.

Answer 7

have eviction papers and call police of his trespassing.