Mississippi Notice That Lessor Does Not Consent to Assignment

State:
Multi-State
Control #:
US-OG-109
Format:
Word; 
Rich Text
Instant download

Description

A lease may require a lessor consent to any assignment of the lease. This form is a notice that the lessor does not consent to the assignment. A lease may provide that if the lessor does not consent, the assignment is ineffective or void. When filed of record, this serves as constructive notice that any assignment of the lease made by lessee.

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FAQ

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

§ 89-7-29. Upon receipt of the sworn affidavit, the court shall initiate the removal of the tenant for the nonpayment of rent or other event of default contained in any written agreement between the parties, as specified in the affidavit.

In Mississippi, landlords are not allowed to discriminate based on protected characteristics such as race, familial status, or disability. Acts of discrimination include refusing to rent to someone, offering discriminatory terms or conditions, and misrepresenting the availability of a unit based on a protected trait.

Lessor may sell or assign its rights and interests or grant a security interest in this Lease and the Equipment for purposes of securing loans to Lessor or otherwise, and may also sell and assign its title and interest as owner of the Equipment and/or as Lessor under this Lease.

Mississippi is considered one of the most landlord-friendly states because of the lack of rent control laws, the power landlords have to handle evictions, and the ability to set lease terms.

Because Mississippi does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it.

As a general rule, retail leases prohibit tenants from assigning the lease to an assignee or subleasing the premises to a subtenant (each referred to herein as a ?Transfer?) unless the landlord consents in writing to such Transfer.

Most negotiated leases will instead contain a provision requiring that landlord's consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlord's obligation to not unreasonably delay or condition its consent.

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Mississippi Notice That Lessor Does Not Consent to Assignment