This office lease provision states that the guarantor's liability is not affected or impaired by any delay by or failure of the landlord in enforcing any of its rights or remedies under the lease or at law, or by any deferral, waiver, or release of the tenant's obligations under the lease or any forbearance by the landlord in exercising any of its rights and remedies or by any other action, inaction, or omission by the landlord. This guaranty is independent of any security or remedies which the landlord has under the law.
Mississippi Provision of Guaranty Stating that it is Unaffected by Any Waiver or Forbearance by Landlord
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FAQ
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.
If the landlord does not repair after 30 days, a tenant may (1) cancel the lease, (2) use the repair and deduct remedy; or (3) bring suit against the landlord in justice court to make the repairs.
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.
§ 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.
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.
Only in an emergency can a landlord enter the residence without consent.
In Mississippi, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren't made in a timely manner, Mississippi tenants can sue for costs, or a court order to force the landlord to make repairs.
The tenant may file an administrative complaint with the Fair Housing Division of the federal Department of Housing and Urban Development (HUD). Another option is to hire a lawyer and file a lawsuit.
