I live in Quincy MA. I have a roommate who is now four months behind on his rent. Can I serve him a 14 day notice to quit?

I have never heard of a renter evicting another renter.

I don't believe it would be possible because you do not have a superior ownership interest in the property. You and he are each renters and the landlord is the only one with the power to reclaim possession of the premises.

What you can do is bring a lawsuit in small claims or in the district court alleging that you had a certain agreement/contract for the payment of rents, and that he has breached said agreement by failing to pay you.

Please feel free to contact my office if you would like to schedule a consultation.

As with many legal questions, it depends. I am not aware of any prohibition against you from starting the eviction process against the roommate that is renting from you. This presumes that you lease the house from the owner yourself, and not as a joint-tenant with the roommate. If you and your roommate both lease from the property owner and the roommate is not paying its share, then you may have difficulties evicting the roommate.

Evictions, or summary process as it is referred to, can be handled on your own, but you may wish to considering speaking to an attorney due to your unique situation. If an error is made in the process you will need to start over from the beginning.

As a practical matter, you may want to consider how serving your roommate/tenant with a 14 Day Notice to Quit may effect the "mood" in the house and may want to try and see if a resolution can be reached without having to go through an eviction. Even if you represent yourself, it can be costly to physically remove the roommate.

This answer is provided for general, informational purposes to the "hypothetical" questions posted and does not create an attorney/client relationship. It is recommended that you speak to an attorney to discuss your specific legal issues.

1. While this "tenant" may have some defenses to an eviction action, technically, from the information you've given, he is a sub-tenant by contract with you, allbeit, an oral contract.
2. In my opinion, a written 14-day notice to quit for non-payment of rent is the appropriate way to start the eviction process.This should be served in hand with proof of service from a deputy sheriff, authorized constable, etc.
3. As another attorney responded above, this will likely not serve you well in keeping the peace around the house since you must then wait the 14 days plus follow the time standards involved in filing, serving, answering of the eviction complaint itself even before the matter is heard in court.
4. All in all, 5 to 6 weeks from the time he gets your notice until a judge hears the matter, not including continuances or other delays.
5.ADVICE: TALK TO YOUR FRIEND AND TRY TO WORK OUT A SOLUTION THAT'S FAIR FOR BOTH OF YOU. A LITTLE COMPROMISE MAY GO A LONG WAY!