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Mississippi Landlord - Tenant Questions & Answers
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 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 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 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 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 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 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 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 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 Landlord - Tenant, Contracts, Employment Law, Criminal Law and Real Estate Law for Mississippi on
Q: Can partner's sister with POA evict me from property in MS?

I have been living at a property for over 10 years. My partner was indicted by a grand jury in October 2022 for a third-time possession of a controlled substance. The trial was set to start in April 2025, but he falsified a death claim and abandoned the property. He was recorded as deceased in... View More

James L. Arrasmith
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answered on Jun 14, 2025

You’ve been in a confusing and unfair situation, and it’s understandable that you’re unsure of your rights. Living at the property for over a decade and paying taxes and bills gives you some standing, especially if there was no formal lease but you were there with your partner’s consent. A... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Mississippi on
Q: My cars were towed without property owner's consent. What can I do?

I live with my mom, and I had two of my cars parked at her property. My brother, who does not live there, had my cars towed without the property owner's consent. A towing company asked me to move one of the cars, and I complied and moved it, yet both cars were still towed. What can I do about... View More

James L. Arrasmith
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answered on Jun 10, 2025

This situation is frustrating, and you're right to feel like your property was taken unfairly. If your brother doesn’t live on the property, he likely had no legal authority to order the cars towed—especially if your mom, the property owner, did not consent. That alone could make the tow... View More

2 Answers | Asked in Criminal Law, Civil Rights, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Arrested mistakenly for felony possession, now facing contempt issues.

I was originally arrested in March for a felony possession of a controlled substance after a traffic stop, where my dog's asthma pills were mistaken for controlled substances. Initially, I was held for 7 days without seeing a judge or attorney. They later released me on a misdemeanor bond and... View More

Anthony M. Avery
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answered on May 31, 2025

Hire a MS attorney to represent you. Be prepared to show up at Court off the Docket and take care of the charge that day.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: What are our rights if my mother demands we move our indoor cats outside after transferring 1/2 house interest to us?

I have been living in my mother's house in Mississippi for five years. She transferred a 1/2 interest to my sister and a 1/2 interest to my wife and me as joint tenants with full rights of survivorship. The deed states that my mother reserves a life estate. She claims now that our living... View More

James L. Arrasmith
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answered on May 15, 2025

Since your mother transferred half of the property to you and your wife, you now have a legal interest in the property as joint tenants. However, because your mother reserved a life estate, she retains the right to live on the property for the rest of her life, even though she no longer owns it... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant, Criminal Law and Real Estate Law for Mississippi on
Q: How to pursue perjury charges after an eviction hearing in Mississippi?

How can I proceed to get the District Attorney's Office to investigate perjury in my eviction hearing in Mississippi? I submitted charge papers at the Sheriff’s office, detailing proof that the Executive Director lied under oath during the hearing. The District Attorney's office stated... View More

James L. Arrasmith
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answered on May 15, 2025

Pursuing perjury charges after an eviction hearing in Mississippi can be challenging, but it’s not impossible if you have strong, clear evidence that false statements were knowingly made under oath. The District Attorney is correct in saying that perjury must meet criminal standards—meaning the... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Mississippi on
Q: In the state of Mississippi in lease agreement when it’s not clearly stated what is “improper”parking is this legal?

My daughter’s car was towed at college apt complex in middle of night. The lease does not explicitly state what constitutes improper parking .My daughter’s car was towed in middle of night for being over the painted line.

James L. Arrasmith
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answered on May 15, 2025

It’s understandable to feel upset when something like this happens unexpectedly, especially to a student far from home. In Mississippi, landlords and property managers are generally allowed to enforce parking rules, but those rules must be clearly communicated—either in the lease agreement or... View More

Q: How to address perjury in an eviction case in Mississippi after deadline.

I represented myself during my eviction hearing in Mississippi in November 2024, and the management lied under oath, claiming all tenants were evicted, but others are still on the property. I have proof of their false statements. Unfortunately, the ruling was against me, and I believe the deadline... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re facing is painful and unjust, especially if the court's decision was based on false testimony. Even though the deadline for a standard appeal may have passed, there may still be a path forward. In Mississippi, if you can show that the judgment was obtained through fraud or... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Mississippi on
Q: Can I wait another 90 days to file lawsuit if state doesn't respond to Notice of Claim?

I submitted a Notice of Claim to the state of Mississippi regarding an eviction issue involving state employees who handle government HUD funds, but I received no response. I am still in the process of finding an attorney. I read that once the other party responds, I have an additional 90 days to... View More

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answered on May 15, 2025

In Mississippi, once you file a Notice of Claim against the state or its employees, the law gives them 90 days to respond before you are allowed to file a lawsuit. This waiting period is meant to give the state a fair chance to investigate and resolve the issue without litigation. If they don’t... View More

1 Answer | Asked in Landlord - Tenant, Collections, Civil Litigation and Real Estate Law for Mississippi on
Q: Seeking advice on unexpected wage garnishment after eviction-related lawsuit in MS.

Two years after receiving an eviction notice, my employer informed me of a wage garnishment, but I never received any notification of judgments or garnishments. They are trying to garnish $200 a week, which is unrealistic as a single mother of two. I was supposedly sued for three months of unpaid... View More

James L. Arrasmith
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answered on May 15, 2025

Finding out about a wage garnishment without ever receiving notice is incredibly stressful, especially when you're trying to support your family. You have the right to understand how the judgment was entered and to challenge it if proper notice wasn’t given. If you were told not to attend... View More

Q: Can I file a Motion for Relief in a different county in MS?

I have already been evicted and issued a Notice of Claim. I want to know if I can file a Motion for Relief from Judgment in the county where the alleged perjury and case events took place, rather than the county where the eviction judgment was made. Additionally, I read that if I don't file a... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to ask these questions, especially when time and jurisdiction play such a critical role in how your case is handled. A Motion for Relief from Judgment under Mississippi law typically must be filed in the same court—and county—that issued the original judgment. That means if... View More

Q: How can I bring charges for perjury and reopen my eviction case in Mississippi?

I was evicted from a government-funded apartment in Mississippi after representing myself at the eviction hearing. During the hearing, the Executive Director of the apartments and the Maintenance Director lied under oath, claiming they followed all HUD rules and regulations for all tenants. I have... View More

James L. Arrasmith
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answered on May 14, 2025

You can start by gathering all your lease documents, court transcripts, and any evidence showing the directors’ sworn statements were false. Take these materials to the district attorney’s office in the county where the eviction occurred and ask them to review your evidence for possible perjury... View More

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