Understanding the Mississippi Residential Landlord and Tenant Act

Under the Mississippi Residential Landlord and Tenant Act, landlords are only required to give tenants a 3 day notice if they fail to pay their rent on time. If the tenant doesn't meet the deadline of this notice, then eviction proceedings can begin.

A tenant is permitted to bring their rent current up until the time the court enters a judgment against them.

Landlords are not allowed to refuse payment in full prior to a court order. Here are some of the other key points to know about under this law.

1. Landlords Have No Right Of Entry To An Apartment.

Unless the right is reserved in a lease, a landlord has no right to enter an apartment on their own.

Tenants may invite landlords in to make necessary repairs, show the unit for sale, or for other matters.

2. Some Landlords Are Permitted To Use Self-Help Eviction Procedures.

Self-help evictions are permitted when a signed lease allows for it and there isn't a breach of the peace caused by the eviction. Proper notices must still be given to the tenant.

Self-help evictions cannot lock tenants out of a property unless all of their possessions have been removed from behind the lock first.

3. There Is a 45 Day Allowance For The Return Of a Security Deposit.

Tenants may also make a demand for their security deposit.

Landlords have 45 days after the demand or after the end of a tenancy to return a security deposit in full or a partial deposit with itemized claims.

4. Holding Over Is Allowed If Rent In Full Is Accepted.

Landlords do not need to accept any rent payments from a tenant who has an expired lease.

If they do accept rent in full, however, the tenant becomes a month-to-month tenant instead and a 30 day notice is required to terminate that type of agreement in Mississippi.

5. Tenants Can Be Evicted For Breaching a Lease.

A 30 day notice is required for an eviction due to a breach of the lease.

A breach of the residential landlord and tenant act also qualifies as grounds for this type of eviction. Tenants must be allowed to remedy the breach if possible.

Each situation is unique, so understanding the Mississippi Residential Landlord and Tenant Act is important for both parties.

Always seek professional legal advice if you are unsure of how to proceed in a specific situation you may face.

Posted on Apr 06, 2016


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