Mississippi Agreed Termination of Lease and Surrender of Premises
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FAQ
Mississippi landlords have rights, which include the right to collect rent and the right to reimbursement for damages to property that exceed normal wear and tear. Tenants also have rights which include pursuing housing without discrimination and the right to habitable premises.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Mississippi tenants have to provide written notice for the following lease terms:Notice to Terminate a Week-to-Week Lease. 7-day written notice is required.Notice to Terminate a Month-to-Month Lease. 30-day written notice is required.Notice to Terminate a Yearly Lease with No End Date.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Proper notice is required by the party wishing to terminate early. The nonbreaching party must deliver a written notice to the party who has breached the rental agreement.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
In this case, breaking your lease is relatively simple. You must simply: Give your landlord 28 days' notice (in writing) informing them of your intention to leave. If you move out before this date you are still required to pay up to the given date.
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.
