Mississippi Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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Multi-State
Control #:
US-00895BG
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Word; 
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

Only in an emergency can a landlord enter the residence without consent.

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.

Firstly, tenants have the right to receive proper notice before eviction proceedings can commence. ing to the Mississippi Legislature, landlords must provide tenants with a 30-day notice to terminate a month-to-month lease or a 3-day notice to quit for nonpayment of rent or violation of the terms of the lease.

3. § 89-8-11. Landlord Regulations on Tenant Usage: (1) A landlord may, from time to time, adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises.

In Mississippi, a tenant can end a fixed-term lease early, without penalty, if one of several conditions is met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.

If the tenancy is month to month, without a set ending date to the lease, either the landlord or tenant may terminate the lease by giving 30 days written notice. No reason is required for the termination.

Miss. Code § 89-8-13 (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.

The landlord must give the tenant a 30 day written notice of eviction which must (1) state specifically what the tenant has done that is a breach of the lease or the landlord-tenant act; (2) state that the lease will terminate in 30 days if the tenant has not remedied the breach in some way.

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Mississippi Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant