This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Mississippi Addressing Holdover Tenancy in a Lease
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Multi-State
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US-OL24031
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How to fill out Addressing Holdover Tenancy In A Lease?
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FAQ
If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.
An estate at sufferance is one in which the tenant who has rightfully come into possession of the land retains possession after the expiration of the term. For example, a tenant who holds over after the expiration of a lease would be deemed to be holding an estate at sufferance.
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.
In Mississippi, landlords cannot take eviction action against a tenant or force them to vacate the property without probable cause?and without a notice. As long as the tenant does not violate any rules, they can stay within the days of their rental period.
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.
During your tenancy, your landlord is also required to maintain the premises in a habitable condition. This means they must, among other things, comply with building and housing codes materially affecting health and safety, and maintain the unit in substantially the same condition it was in at the start of the lease.
A landlord cannot evict you without going to court and getting a court order. The landlord takes you to court by having you served with a summons and complaint.
