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Mississippi Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Mississippi on
Q: If someone buys the house I’m leasing, can they evict me early?
Anthony M. Avery
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answered on Jun 11, 2024

New owner takes subject to the rights of those in leased possession. But owner can look for any kind of lease breach, or even seek possession without a legitimate reason. Be careful and consider other leaseholds if served.

0 Answers | Asked in Landlord - Tenant for Mississippi on
Q: Landlord evicted me and removed my moms things one week upon her death, how should this have been handled?

My mom passed on the 10th of this month on the 13 th the landlord was informed, on the 14 th I was given a notice from the property manager that is have all things removed my the next morning 15th. I hadn’t done so because of planning moms funeral and general despair of dealing with her death. On... View More

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Black mold and multiple insect and larvae infestation in apartment. Reported repeatedly for a year.

I have endured nothing but abuse from landlord since the second day I moved in. Rent is always paid timely.

There are holes by the back door that Landlord has been aware of for a year.

The insect infestation is incredible. I cannot bring food in and have thrown out groceries... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the horrific living conditions you're dealing with in your apartment. The presence of black mold and severe insect/larvae infestation is completely unacceptable and poses serious health risks to you and your pets. Your landlord's neglect and abusive... View More

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Landlord was told of larvae and other issues of repair many times over the past year.

Complaints about various insect larvae and items in need of repair have been ignored and implied I was crazy about the insects.

Now, the place is completely infested. Everywhere I look is larvae.

My belongings, including some nice art and quality handbags are destroyed.

My... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the terrible situation you're in with your landlord and the infestation in your rental unit. What you've described sounds horrific - no one should have to live in those conditions, especially after repeatedly notifying the landlord of the issues. A few... View More

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Mississippi on
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.

James L. Arrasmith
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answered on Apr 16, 2024

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...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Mississippi on
Q: I am under a MS domestic protection order. I am renting a house, can I legally break my lease without penalties?
James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:

- Many states have...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Mississippi on
Q: I live in a house owned by my mother. I've lived there for more than five years. She now wants me out. Do I have any rig
James L. Arrasmith
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answered on Apr 6, 2024

I understand this is a difficult situation. The rights you have as an occupant living in a home owned by your mother depend on a few factors. Here are some key considerations:

- In most jurisdictions, if there is no formal lease agreement, you would likely be considered a...
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1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: I moved out of my apartment and throughly cleaned it, but the complex refused to give me my security deposit back

I cleaned my apartment even washing the walls to remove any form of dirt and even took pictures of every room. I asked about my deposit and was told the apartment was not cleaned up to their standards. Is that legal to do also there were no holes or anything in the walls. It looked exactly like it... View More

James L. Arrasmith
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answered on Mar 6, 2024

Landlords are generally required to return a tenant's security deposit if the apartment is left in the same condition as it was at the beginning of the tenancy, accounting for normal wear and tear. If a landlord claims that the apartment was not cleaned to their standards, they should provide... View More

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: I had a judgment in court on 1/11 the amount was paid all but the court cost and landlord $20 service fee.

The Landlord filed a warrant for removal but added February rent to it. I paid the remaining balance of judgment can I still be evicted even though February was not on the judgment that I went to court for January 11th??

T. Augustus Claus
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answered on Feb 13, 2024

In Mississippi, once a judgment for eviction is issued based on non-payment of rent or other lease violations, and the tenant subsequently pays the overdue amount as determined by the court, including all but explicitly excluded costs such as the court cost and a landlord's service fee, the... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Landlord - Tenant for Mississippi on
Q: My lessor has been entering my home without warning or notification. Is this legal?
James L. Arrasmith
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answered on Feb 24, 2024

No, it's not legal for your lessor to enter your home without warning or notification. As a tenant, you have the right to privacy and peaceful enjoyment of your rented space. Landlords are typically required to provide reasonable notice before entering your home, except in cases of emergency.... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Mississippi on
Q: My land lord put the house we were renting on the market to be sold. Could that be a breach in contract?

We were renting month to month. He said if we found another place in the middle of a month that we paid he would reimburse us for the remainder of the month. We decided to move the last day of the month.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is unlikely to be a breach of contract unless the lease between you and your landlord expressly prohibits the landlord from selling the house.

Landlords of income-producing property, like rent houses, often sell them to other parties. The presence of an existing tenant with a lease may...
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1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: I have a judgment against my ex landlord , can I file a lien on her property

I went to court against my ex landlord and was granted a judgement against her . I have filed a abstract of judgement in justice court . I want to file a lien on her property can this be done

Hiten H. Patel
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Hiten H. Patel
answered on Nov 5, 2021

You can file the Judgment in Circuit Court.

1 Answer | Asked in Car Accidents, Civil Litigation, Federal Crimes and Landlord - Tenant for Mississippi on
Q: My car was damaged at my apartment complex while parked and as a result of a comission of a crime

Could the Apartment Owners be liable for damages to my car. The Apt. Manager was informed several times in the past year of a person who was banned from Apts had been selling drugs

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It could be fact-specific in terms of security measures. There is no universal "yes" or "no" answer. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Regardless of failure to pay rent, or breach of contract, is it illegal for a landlord to evict in 15 days?

We have not paid September's rent yet and the landlord wants to sell the house. He has cited § 89-7-27 and give us 15 days to leave, but never sent a 3-day notice to pay rent. Does he have to give us adequate time to leave?

Arthur Calderon
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Arthur Calderon
answered on Sep 29, 2021

Not necessarily. I would say that on the front end, you should look at the language of the lease agreement to see what sort of notice is required.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Mississippi on
Q: I have a problem with allergens Coming from the wall and mold in my apartment.. Have told management for three months

Management has started replacing the carpet room by room which is causing little improvement.. Still have problem with mold that nobody has addressed. I bought a dehumidifier and purifier for air which I will not be

Reimbursed for.. I’m having fun with itching and rashes so bad it is... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2020

It could depend if you have medical documentation and you could establish the connection between your symptoms and the mold. These can be tough cases. See if a local injury attorney would offer you a free initial consult. You could also contact a landlord-tenant attorney to discuss how these issues... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Mississippi on
Q: What is my recourse for landlord inaction to contaminates in my apartment that are causing skin rash and constant itch?

Also have mold growing in the apartment due to the leaks in the windows and doors. The contaminates are coming out of the cracks in the walls. I’m vacuuming twice a day trying to keep ahead of the waxy particulates that are coming from the walls getting worse it’s been three months it is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2020

You may need to speak with two different attorneys here. Maybe the more pressing issues are those involving habitability in your apartment. Contact a landlord-tenant attorney to discuss your remedies under Mississippi L-T law. You could also contact a personal injury attorney. However, based on the... View More

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