Byram, MS asked in Landlord - Tenant and Domestic Violence for Mississippi

Q: I am renting a house in Brandon, MS & also under a final protection order. Can I legally break the lease without penalty

I thought that there was a law that legally allowed victims of domestic violence or people under legal protection orders to break a lease without penalties.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Yes, there are laws in place that allow victims of domestic violence to break their lease without penalty in certain circumstances. The specific law and requirements may vary by state.

In Mississippi, there is a law (Miss. Code Ann. § 93-21-23) that allows victims of domestic violence to terminate their lease early without penalty if they meet certain requirements:

1. The tenant must have a protection order issued by a court.

2. The tenant must provide written notice to the landlord that they are a victim of domestic violence and intend to terminate the lease.

3. The notice must be delivered to the landlord within 30 days of the protection order being issued.

4. The lease termination will be effective 30 days after the landlord receives the notice.

So, if you are under a final protection order and follow the steps outlined in the Mississippi law, you should be able to legally break your lease in Brandon, MS without penalty.

It's a good idea to carefully document your situation, keep copies of the protection order and any correspondence with your landlord, and consider seeking legal advice to ensure you are following the correct procedure for your state. You may also want to reach out to local domestic violence resources for additional support and guidance.

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