Can I terminate a tenant's lease if their child is causing problems with other tenants?
Full Question:
Answer:
Landlords and tenants are obligated to act in good faith when
performing acts under a lease agreement. The responsibilities of tenants
are typically spelled out in the lease; however, basic responsibilities
include reasonable use and care of the premises, and a duty not to
disturb or disrupt surrounding neighbors with excessive noise. A tenant
is obliged to keep the premises in as clean and safe condition as
possible, and comply with any applicable health and safety codes. A
tenant must not damage the premises, nor cause a nuisance to neighboring
tenants. A tenant must not permit or participate in criminal activity on
the premises.
A tenant is required to inform a landlord of any dangerous conditions
that develop, of any damage caused to the premises by whatever source,
and of any serious injury to the tenant, tenant's family or guests, or
tenant's property while on the premises. Standard in all leases is the
implied covenant of quiet enjoyment which gives the tenant the right to
possess the rental premises without interference from or disturbance by
others. Most state laws also recognize an implied warranty of
habitability, which is defined as the minimum standard for decent, safe,
sanitary housing suitable for human habitation.
A landlord may legally terminate a lease if the tenant significantly
violates the lease agreement’s contract terms and conditions. If a
tenant breaches the lease agreement, the landlord must serve written
notice of the breach upon the tenant, describing specifically what
consitutes the breach, and in many cases, stating a deadline by which
the tenant must remedy the breach or be terminated. The period of notice
prior to the deadline is defined by statute and varies in length
depending on the severity and type of breach. A lease termination for a
long-term contract usually requires a 30 to 60 day written notice. If
the breach is related to a condition which affects health or safety, a
suitably short period of time is allowed in which to remedy the defect.
If the breach involves property damage or other non-threatening
conditions, the period of notice is typically 30 days. Criminal
activities are often in a separate category, and the landlord may
terminate the lease immediately, or on short notice. The right to cure
is a right held by the tenant which permits the tenant to remedy a
breach of a lease within a specified period of time without penalty. If
the breach is not remedied within the stated time period, the landlord
then may consider the lease terminated and bring eviction proceedings
against the tenant. A notice of breach with no right to cure means that
the tenant has breached a specific provision of the lease and has no
right to remedy the breach. The lease is therefore terminated and the
tenant has a specified time period to vacate the premises.
The following are Mississippi statutes:
Title 89, Chap. 008, SEC. 89-8-9.
Every duty under this chapter and every act which must be performed as a
condition precedent to the exercise of a right or remedy under this
chapter, including the landlord's termination of a tenancy or nonrenewal
of a lease, imposes an obligation of good faith in its performance or
enforcement.
Title 89, Chap. 008, SEC. 89-8-13.
1) If there is a material noncompliance by the tenant with the rental
agreement or the obligations imposed by Section 89-8-25, the landlord
may terminate the tenancy as set out in subsection (3) of this section
or resort to any other remedy at law or in equity except as prohibited
by this chapter.
(2) If there is a material noncompliance by the landlord with the rental
agreement or the obligations imposed by Section 89-8-23, the tenant may
terminate the tenancy as set out in subsection (3) of this section or
resort to any other remedy at law or in equity except as prohibited by
this chapter.
(3) The nonbreaching party may deliver a written notice to the party in
breach specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less than
thirty (30) days after receipt of the notice if the breach is not
remedied within a reasonable time not in excess of thirty (30) days; and
the rental agreement shall terminate and the tenant shall surrender
possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or
otherwise, and the breaching party adequately remedies the breach prior
to the date specified in the notice, the rental agreement shall not
terminate;
(b) In the absence of a showing of due care by the breaching party, if
substantially the same act or omission which constituted a prior
noncompliance of which notice was given recurs within six (6) months,
the nonbreaching party may terminate the rental agreement upon at least
fourteen (14) days' written notice specifying the breach and the date of
termination of the rental agreement;
(c) Neither party may terminate for a condition caused by his own
deliberate or negligent act or omission or that of a member of his
family or other person on the premises with his consent.
(4) If the rental agreement is terminated, the landlord shall return all
prepaid and unearned rent and security recoverable by the tenant under
Section 89-8-21.
(5) Notwithstanding the provisions of this section or any other
provisions of this chapter to the contrary, if the material
noncompliance by the tenant is the nonpayment of rent pursuant to the
rental agreement, the landlord shall not be required to deliver thirty
(30) days' written notice as provided by subsection (3) of this section.
In such event, the landlord may seek removal of the tenant from the
premises in the manner and with the notice prescribed by Chapter 7,
Title 89, Mississippi Code of 1972.
Title 89, Chap. 008, SEC. 89-8-19.
(1) Unless the rental agreement fixes a definite term a tenancy shall be
week to week in case of a tenant who pays weekly rent, and in all other
cases month to month.
(2) The landlord or the tenant may terminate a week-to-week tenancy by
written notice given to the other at least seven (7) days prior to the
termination date.
(3) The landlord or the tenant may terminate a month-to-month tenancy by
a written notice given to the other at least thirty (30) days prior to
the termination date.
(4) Notwithstanding the provisions of this section or any other
provision of this chapter to the contrary, notice to terminate a tenancy
shall not be required to be given when the landlord or tenant has
committed a substantial violation of the rental agreement or this
chapter that materially affects health and safety.
Title 89, Chap. 008, SEC. 89-8-23
(1) A landlord shall at all times during the tenancy:
(a) Comply with the requirements of applicable building and housing
codes materially affecting health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or cooling
system, in substantially the same condition as at the inception of the
lease, reasonable wear and tear excluded, unless the dwelling unit,
its plumbing, heating and/or cooling system is damaged or impaired as a
result of the deliberate or negligent actions of the tenant.
(2) No duty on the part of the landlord shall arise under this section
in connection with a defect which is caused by the deliberate or
negligent act of the tenant or persons on the premises with the tenant's
permission.
(3) Subject to the provisions of Section 89-8-5, the landlord and
tenant may agree in writing that the tenant perform some or all of the
landlord's duties under this section, but only if the transaction is
entered into in good faith.
(4) No duty on the part of the landlord shall arise under this section
in connection with a defect which is caused by the tenant's affirmative
act or failure to comply with his obligations under Section 89-8-2.
Title 89, Chap. 008, SEC. 89-8-25.
A tenant shall:
(e) Not deliberately or negligently destroy, deface, damage, impair or
remove any part of the premises or knowingly permit any other person to
do so;
(f) Conduct himself and require other persons on the premises with his
consent to conduct themselves in a manner that will not disturb his
neighbors' peaceful enjoyment of their premises;
(i) Not engage in any illegal activity upon the leased premises as
documented by a law enforcement agency.