homeless man living in my apartment

I moved into an apartment with two friends back in september, in Boston MA.

shortly after i moved in, the one room mate met a man on the internet who she started dating. from their first date (second week of september 2007) to the present day (january 2008) this man has been living in our apartment. He is not on the lease, and does not contribute to the rent. I have tried talking to the room mate who is dating this guy but she refuses to kick him out, stating that he is her guest. This guy has a key, and lives here. He is a 34 year old man who does not have a home, or even a job. Recently i made the landlord aware of the situation and asked for his help. He in return called the room mate and asked about her "guest" but pretty much did nothing else.

Is there anyway i can get this guy out of my apartment.

[OHlandlord]

If the LL does not want to enforce the extra occupants clause of his lease with you and your roommates, there may be little you can do. You might confront your rommate about the rent and utilities division. You can demand that since 4 people are living in the apartment now, you are only going to pay 1/4 of those bills. The roommate can pay for her share and that of her BF, since she was the one who invited him to live there against your wishes.

If she refuses, and the other rommate doesn't back you up (presenting a united front may work), I would approach the LL about letting you out of your lease. Since another roommate has already been provided in the apartment against your wishes, suggest that he take over your part of the lease. (I doubt the LL would go for this, but it may spur him into action.) Document that the man is living there, has his own key, receives mail there, is there each day (log his times in & out for a couple weeks), does his laundry there, bathes & eats there, etc. Show this evidence to your LL when you ask to get out of the lease. Someone who does all of these things for more than a few days is not a guest, he is living there.

If it continues, you may have to break your lease and move. If it goes to court, you can again show that another person had moved into your unit against your wishes and the LL would take no action to remove him. I can't say it would excuse you from the lease obligations, but you may get a sympathetic judge. Your only other alternative is to wait out the end of the lease then move. Sorry.

yeah, thats what i was scared of.

erik