Asked in Real Estate Law, Landlord - Tenant and Probate for Mississippi

Q: If my boss also my landlord of 8 years dies and I can't find my rental agreement lease can the deceased heir evict me?

I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished. Then he shows up on my doorstep with a 3 day eviction due to non payment of rent. That was the first I had heard. Then I get a summons to go to court for holds after the expiration. I don't know what that is and we have been left in the dark by the son and executor of estate. What are my defenses when I go to court as a tenant of the deceased and can't locate my written agreement.

1 Lawyer Answer
Baskin Lowber Jones
Baskin Lowber Jones
  • Jackson, MS
  • Licensed in Mississippi

A: You can ask them to show you a copy of the lease.

Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the court prior cashed checks for the amount of monthly rent to show what you have been paying.

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