30 day Notice of Material Noncompliance with Lease or Rental Agreement - Residential
Right to terminate tenancy for breach; notice of breach;
return of prepaid rent and security.
(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. 89-8-13.
Rights of landlord after expiration of rental agreement.
Notwithstanding the provisions of Section 89-8-13, the landlord
may, at any time after the expiration of a rental agreement, recover possession
of the dwelling unit, cause the tenant to quit the dwelling unit involuntarily,
demand an increase in rent or decrease the services to which the tenant
has been entitled in accordance with any other provisions of this chapter,
if such actions by the landlord did not have the dominant purpose of retaliation
against the tenant for his actions authorized under this chapter and the
landlord received written notice of each condition which was the subject
of such actions of the tenant. Title 89, Chap. 008, SEC. 89-8-17.
Length of term of tenancy; notice to terminate tenancy; exception
to notice requirement.
(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. 89-8-19.
