1. Section
89-8-11: Landlord Regulations on Tenant Usage
A landlord may at
times adopt rules concerning tenant's use and
occupancy of the premises. They are enforceable
against the tenant only if:
(a) Their purpose
is to promote the convenience, safety, or welfare
of the tenants in the premises, preserve the
landlord's property from abuse, or make a fair
distribution of services and facilities provided
for the tenants generally;
(b) They are
reasonably related to the purpose for which they
are adopted;
(c) They apply to
all tenants in the premises in a fair manner;
(d) They are
sufficiently explicit in their prohibition,
direction, or limitation of the tenant's conduct
to fairly inform him of what he must or must not
do to comply;
(e) They are not
for the purpose of evading the obligations of the
landlord.
A regulation
adopted or amended after the tenant enters into
the rental agreement is enforceable against the
tenant if reasonable notice of its adoption or
amendment is given to the tenant and it does not
work a substantial modification of the rental
agreement. Unless otherwise agreed, the tenant
shall occupy his dwelling unit only as a dwelling
unit.
2. Section
89-8-13: Termination of the Lease due to Material
Breach
If a party (whether
landlord or tenant) makes a material
breach of the lease (or fails to fulfill his
duties as a landlord or tenant as outlined in §§
89-8-23 , 89-8-25 ), the non-breaching party may
end the tenancy or resort to any other legal
remedy. The non-breaching party should respond to
the breach in the following manner:
The non-breaching
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
30 days after receipt of the notice if the breach
is not remedied within a reasonable time not in
excess of 30 days...
The lease 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 or the payment of damages
and the breaching party adequately remedies the
breach prior to the date specified in the notice, the
rental agreement shall not terminate.
b. If the same
breach (of which written notice was given) occurs
within 6 months of that initial notice, the
non-breaching party may terminate the lease upon at
least 14 days written notice specifying the breach
and the date of termination of the lease.
c. Neither party
may end the tenancy for a condition caused by his
own deliberate or negligent breach.
If the lease
is terminated, the landlord shall return all
prepaid and unearned rent and security recoverable
by the tenant under §89-8-21.
Note: If the
tenant's material breach is nonpayment of rent
pursuant to the lease, the landlord is not
required to deliver 30 days written notice. In
such event, the landlord may seek the tenant's
removal as outlined in § 89-7-1 (and following)
of the MS Code.
3. Section
89-8-15: Repair of Defect by Tenant
If, after 30 days
of receipt of written notice, the landlord fails
to repair a defect constituting a material breach
of lease or duty, the tenant:
- may repair
such defect himself; and
- shall be
entitled to reimbursement of the repair costs
within 45 days after submission to the
landlord of receipted bills for such work,
provided that:
--the tenant
has fulfilled his duties at a tenant as outlined
in § 89-8-25; --the repair
costs does not exceed an amount equal to one
month's rent; --the tenant
has not exercised this remedy within the
preceding 6 months; --the tenant
is current in his rental payments.
A tenant is not
entitled to reimbursement for repair costs higher
than the customary charge for such repairs.
A tenant's repair costs may be off-set against
future rent.
4. Section
89-8-17: Landlord Rights after Expiration of Lease
At any time after
expiration of the lease, a landlord may:
- recover
possession of the dwelling unit
- make the
tenant involuntarily leave
- demand an
increase in rent
- decrease
services to tenant (if not done in retaliation
to tenant's prior written notice of material
breach)
5. Section
89-8-19: Length of Tenancy; Notice of Termination
- Unless the
lease fixes a definite term, the length of
tenancy shall be week to week (if a tenant
pays weekly rent) and in all other cases,
month to month.
- Termination of
a week-to-week tenancy requires written notice
from either the landlord or tenant given at
least 7 days prior to the termination date.
- Termination of
a month-to-month tenancy requires written
notice from either the landlord or tenant
given to least 30 days prior to the
termination date.
- Notice to
terminate tenancy is not required
when either party commits a substantial breach
of lease or duty that materially affects
health and safety.
6. Section
89-8-21: Tenant's Security Deposit - see
Security
Deposit
7. Section
89-8-23: Landlord Duties - see Landlord
8. Section
89-8-25: Tenant Duties - see Tenant
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