I want to terminate a tenancy in Mississippi. What should I do?
Full Question:
I own an apartment in Mississippi which is given out for rent to a bachelor. I want to terminate his tenancy. What should I do?
12/22/2016 |
Category: Landlord Ten... ยป Lease Termin... |
State: Mississippi |
#28585
Answer:
Per Mississippi Code Annotated §89-7927:
“A tenant or lessee at will or at sufferance, or for part of a year, or for one (1) or more years, of any houses, lands, or tenements, and the assigns, under-tenants, or legal representatives of such tenant or lessee, may be removed from the premises by the judge of the county court, any justice of the peace of the county, or by the mayor or police justice of any city, town, or village where the premises, or some part thereof, are situated, in the following cases, to wit:
First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of the landlord.
Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when satisfaction of the rent cannot be obtained by distress of goods, and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person owing the same.”
Per Mississippi Code Annotated §89-7-29:
First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of the landlord.
Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when satisfaction of the rent cannot be obtained by distress of goods, and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person owing the same.”
“The landlord or lessor, his legal representatives, agents, or assigns, in order to have the benefit of such proceedings, shall make oath or affirmation of the facts which, according to the last preceding section, authorize the removal of the tenant, describing therein the premises claimed and the amount of rent due and when payable, and that the necessary notice has been given to terminate such tenancy.”
Thus, you may affirm or make an oath of the facts for removal of the tenant, describing the claims and the amount due from the tenant per the laws of Mississippi.