When does occupancy begin?

[alex468]

What is the name of your state (only U.S. law)? Massachusetts

I'm a tenant. My lease has a provision that I may find "one roommate to rent and share apartment. Before occupancy, said person shall fill out application and be approved by landlord." I'm the only tenant on the lease. My roommate pays rent to me, and I pay the landlord.

My previous roommate left, and I found a new potential roommate. He filled out the application and sent it to the landlord's real estate agent who performed a credit check and said things generally looked OK. The agent then said it was up to me to contact the landlord for approval.

It's been three days since I first called the landlord, and I haven't heard back yet. My potential roommate is getting nervous and antsy. He is living with a friend and would like to move ASAP. He said he would need to begin looking for other places to live this weekend. He suggested that I have him move in this weekend "as a houseguest" with only a few clothes and an air mattress until we hear back from the landlord. He offered to pay rent to me for his time as a "houseguest."

I'm reluctant to do this and a little confused about the situation. Is there a difference between me inviting him in as a houseguest who hasn't yet begun his occupancy and me inviting him in to illegally begin his occupancy without the landlord's approval? What's the difference? Does it matter legally whether he has a key or not during this time? Does it matter legally whether I collect rent or not?

 

[Who's Liable?]

Date of occupancy begins on the date stated in your lease AFTER it is SIGNED by all applicable parties.

 

[applecruncher]

If prospective tenant is that anxious to move in, that ‘s a red flag, imo. The “moving in with an air mattress posing as a houseguest” idea sounds flakey and suspicious – this most likely will come back to bite you in the butt. Let him go ahead and find another place to live. Rental agent made it very clear – you have to get approval from the landlord. A lease must be signed.

Look for another roommate and follow the rules.