Mississippi Tenant Letter of Credit in Lieu of a Security Deposit

State:
Multi-State
Control #:
US-OL4A023
Format:
Word; 
PDF
Instant download

Description

This office lease form is a tenant's letter of credit to the owner in the place of a security deposit. The letter of credit maintains effect at all times during the term of the lease following delivery thereof. A clean, unconditional and irrevocable letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance and shall provide that it shall be automatically renewed from year to year unless terminated by a bank by notice to the owner. The final expiration date of the letter of credit (including any renewals) shall be no earlier than sixty days after expiration date of lease.

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FAQ

In many cases, a letter of credit is better for both parties since it frees up cash resources for the tenant while providing the landlord with potentially more protection in the event of a default or bankruptcy.

If the landlord fails to make the necessary repairs within 14 days, Mississippi renters can take a few actions: sue for costs, file a court order to force the landlord to make repairs, or make minor repairs themselves and deduct the cost from their next rent payment.

Under Mississippi eviction laws, landlords must adhere to the notice requirements and provide a written notice to tenants before initiating eviction proceedings. For nonpayment of rent, the notice period is 3 days, during which the tenant has the opportunity to pay the outstanding rent in order to avoid eviction.

Residential Landlord & Tenant Act At the outset, let's clear up one common misunderstanding: Mississippi law does NOT allow you to withhold your rent until the landlord makes a repair. Nor does Mississippi law allow you to ?repair and deduct? except under certain very specific conditions which are discussed below.

Landlords routinely accept a security deposit in the form of a letter of credit in lieu of cash upon execution of a lease agreement as security for the performance by a tenant of all obligations on the part of such tenant thereunder.

One of the primary benefits of using a letter of credit as opposed to a cash security deposit is that a letter of credit allows the commercial tenant to retain money in their account. They are extremely popular with Landlords since they are backed by a major bank.

When a tenant moves out, he or she must request the return of the security deposit. The landlord has 45 days to return the deposit but may deduct rent owed or reasonable costs for cleaning the unit or repairing damage caused by the tenant. However, the landlord must provide a written, itemized notice of such costs.

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 Tenant Letter of Credit in Lieu of a Security Deposit