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Mississippi Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Will I be responsible for landlord's legal fees if I take them to small claims court and lose?

I am considering small claims court because my landlord has withheld my deposit and is asking for an additional $400. The unit was cleaned completely, with all aspects of their checklist followed, and there was no damage beyond ordinary wear and tear. They included 5 minor damages lumped together,... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Yes, if you lose, under the rules for these types of claims, you would end up being responsible for their attorney's fees and court costs.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Is it true that now in Mississippi I can not evict a tenant for non payment of rent?
Arthur Calderon
Arthur Calderon answered on Apr 13, 2019

It is very much true; however, the landlord has to go through a specific process in order for the eviction to be legal.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on
Q: My mother died 6 years ago;she has 2 acres;a cottage on it which is both in her name only. what legal steps do I take?

she had a husband and us three kids she left behind . Her husband which is my step father passed away a couple months ago. I'm trying to figure out whose names it should all be in, what are the best legal steps to take . Also my step father has two other children , that are not my moms. Would i... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 19, 2018

It would really depend on how the deed was set up. Regardless, it sounds like you may need to consult with an attorney to discuss opening up an estate to handle your mother and step-father's affairs.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: How can I get someone out of my place, they distort my property, kick in my door, bring beer in my home

When I asked them not to bring it in.my home

Arthur Calderon
Arthur Calderon answered on Sep 14, 2018

If they are a tenant, give them adequate notice to vacate the property. If they are not a tenant, give them a letter asking them to leave, and if they do not, notify law enforcement, because they would be considered trespassing.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: When is hotel resident gain tenant rights
Arthur Calderon
Arthur Calderon answered on Aug 27, 2018

Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: I have lived at hotel since March 2018 and given them almost $10,000. Can they have security just lock me out

I actually only owe $28

Arthur Calderon
Arthur Calderon answered on Aug 27, 2018

Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Mississippi State law allows a resident to live in a hotel for how many days before they're considered a legal tenant
Arthur Calderon
Arthur Calderon answered on Aug 27, 2018

Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Mississippi on
Q: I have an oral lease agreement that is 'month to month'. My landlord evicted me after 3 weeks with no ' notice'.

I have the receipts for my prorated rent and security deposit that I never got back. I want to take her to court over the deposit and to pay for my hotel lodging since wrongful eviction. Do I have a case with no Written lease?

Arthur Calderon
Arthur Calderon answered on Aug 27, 2018

The default in Mississippi is month to month, such that the landlord has to provide a month's notice before terminating said lease, unless, however, you have broken a condition of the oral lease, such as not turning in rent in enough time.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: If I don't have my rent on the 1st my landlord gives me a 3 day notice to vacate premises. Is that legal or scare tactic
Arthur Calderon
Arthur Calderon answered on Aug 12, 2018

Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Can a landlord require all tenants moving out to professionally have the carpets cleaned?

The landlord is requiring everyone in the complex to have the carpets professionally cleaned before vacating and to show proof with receipt, regardless if there is substantial damage outside of the “normal wear and tear”. The lease says nothing about professional cleaning, only “leave premise... Read more »

Baskin Lowber Jones
Baskin Lowber Jones answered on May 7, 2018

Take pictures. Taking pictures before moving in is often very helpful as well to show the condition of the carpet when you moved in, vs when you moved out.

You may have to make a claim to get your deposit back for this cleaning as it will likely be taken out of your deposit.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Mississippi on
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.... Read more »

Baskin Lowber Jones
Baskin Lowber Jones answered on May 7, 2018

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...
Read more »

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: I gave my security deposit to a landlord on yesterday, I no longer wish to rent the apartment, am I able to get it back?

I did not sign a lease or was not give a key.

Arthur Calderon
Arthur Calderon answered on Apr 10, 2018

You may be able to recover the security deposit, particularly in light of the fact that you have not signed a lease yet. Typically, security deposits are only used to cover any sort of damage to the property, or if someone skips out on paying rent or breaks their lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Mississippi on
Q: This is a question about rental property

I previously removed myself from a place my brother and I were renting with another roommate after issues with the roommate and our neighbors. My brother currently resides in the rental trailer and he had to go and grab something from inside (with me in the car, not stepping foot outside.) The... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 7, 2018

Perhaps, particularly if the landlord informed you that you were not to come back on the premises, which is any of the property owned or managed by the landlord.

1 Answer | Asked in Collections, Contracts, Landlord - Tenant and Real Estate Law for Mississippi on
Q: hired a realty company to manage property and they didn’t pay utilities, do a walk through or collect security deposit.

Shouldn’t they be responsible for upholding their end of the contract? I’m out of pocket paying for repairs and now I find out the electric bill wasn’t paid the last two months of the tenets occupation of the property. They don’t want to take any responsibility or pay the bills that are... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 4, 2018

Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying... Read more »

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Can your landlord charge you for painting

I move out and requested for my deposit back because my lease was up. The house was in good condition and the walls wasn't bad at all but my landlord took 125 out my deposit and claim it was for painting.

Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

It really depends on what the language of your lease says. If there is language in there indicating that no painting is to be done, then a landlord may withhold some portion of the security deposit to return the property back to its pre-leasing condition.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: I am dealing with a tenant court case in Mississippi. I rent and need help with defense.

I have been unable to find an attorney who can be with me at the court hearing in a few days. I think I can get the case dismissed at least giving me some time to find and hire an attorney to better represent the case.

From my research, Mississippi Code 89-7-27 states that if non-payment of... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 1, 2018

It depends. Different landlords interpret the statutory provisions in their own way. E-mail may suffice, but the better practice is to do it via hand-delivery or certified mail. While it may not necessarily cause the case to be dismissed, it could get it postponed (depends on the judge).

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: What can I do to retrieve my things from the residence were evicted from

Judge granted eviction and the next morning we had to leave and everything we own we had to leave including my 2 month olds clothes blankets formula etc. Everything we own.

Baskin Lowber Jones
Baskin Lowber Jones answered on Feb 1, 2018

Write a letter to the landlord immediately and keep a copy. Ask for a time and place to pick up your things. After a period of time they may be destroyed/disposed of.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

1 Answer | Asked in Contracts, Intellectual Property, Municipal Law and Landlord - Tenant for Mississippi on
Q: What legal action can I take against my apartment complex for neighbors disturbing the peace.

I've contacted the property manager and the regional manager and they've been dragging their feet on the issue. The problem has been going on for the past 6 months..

Griffin Klema
Griffin Klema answered on Sep 17, 2017

Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."

As for the property owner or management company, they too may be liable under similar...
Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Mississippi on
Q: what can I do ab onoxious neighbors and their kids being up and loud and 1am or later?? it's getting out of hand.
Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.

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