Lawyers, Answer Questions  & Get Points Log In
Mississippi Landlord - Tenant Questions & Answers
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... Read 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
PREMIUM
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
PREMIUM
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... Read 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... Read 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... Read 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... Read more »

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
PREMIUM
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
PREMIUM
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... Read more »

Arthur Calderon
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.