Mississippi Tenant Self-Help Right

State:
Multi-State
Control #:
US-OL13022
Format:
Word; 
PDF
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Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

Profanity in Public Title 97, Chap. 29 §47 It is illegal in Mississippi for anyone to ?profanely swear or curse, or use vulgar and indecent language, or be drunk in any public place, in the presence of two or more persons.?

§ 89-7-29. Upon receipt of the sworn affidavit, the court shall initiate the removal of the tenant for the nonpayment of rent or other event of default contained in any written agreement between the parties, as specified in the affidavit.

Service of summons. Such summons shall be served as a summons is served in other cases, if the tenant can be found; if not, then by putting up a copy in some conspicuous place on the premises where the tenant last or usually resided.

Title 89 - Real and Personal Property. Chapter 7 - Landlord and Tenant. § 89-7-1. Goods not to be removed until rent paid.

During your tenancy, your landlord is also required to maintain the premises in a habitable condition. This means they must, among other things, comply with building and housing codes materially affecting health and safety, and maintain the unit in substantially the same condition it was in at the start of the lease.

Yes. A landlord is allowed to do self-help evictions in Mississippi as long as they do not breach the peace, and that it was clearly stated and allowed in the written lease. Furthermore, they also have to follow the correct process by providing a clear written notice before proceeding with the eviction.

Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure.

Under Mississippi eviction laws, landlords must adhere to the notice requirements and provide a written notice to tenants before initiating eviction proceedings. For nonpayment of rent, the notice period is 3 days, during which the tenant has the opportunity to pay the outstanding rent in order to avoid eviction.

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Mississippi Tenant Self-Help Right