Mississippi Roommate Agreement
A Mississippi roommate agreement is a contract that allows tenants to share a dwelling with one or more co-tenants. This agreement specifies the rules and responsibilities of those sharing the space.
Mississippi Roommate Agreement
Writing a Mississippi Room Rental Agreement
When drafting a Mississippi room rental agreement, several key elements should be included:
- Parties Involved: Identify who is making the agreement, the property location, and the landlord’s information, including current contact details.
- Lease Term: Specify the duration of the existing lease and the length of the roommate agreement.
- Security Deposit: Discuss how the security deposit will be divided among roommates and the rules for its return or deductions.
- Rent Payment: State the total rent amount and how it will be divided among roommates.
- Utilities: Determine how utility payments will be split and who is responsible for sending payments to utility companies.
- Lease Violations: Establish rules for handling lease or roommate agreement violations and procedures for early move-outs.
- House Rules: List any house rules regarding food, cleaning, guests, etc.
- Room Assignments: Define which bedrooms will be assigned and which areas will be shared or private.
- Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.
Types of Roommate Arrangements in Mississippi
There are three primary types of tenancy recognized under Mississippi law:
- Co-tenancy: Co-tenancy is a primary feature of a Mississippi roommate agreement. All roommates must sign the original lease with the landlord’s approval, sharing equal responsibility for adhering to the lease terms. This means that if one roommate fails to pay rent, the landlord can pursue any of the roommates for the full amount due. Roommates are considered “jointly and severally liable,” meaning each co-tenant is fully responsible for the lease terms.
- Subtenancy: The original tenant acts as the landlord to the subtenant, who pays rent to the original tenant. The original tenant is responsible for resolving any rental issues for the subtenant and can evict them if necessary.
- At-Will Tenancy / Guest Tenancy: This informal arrangement may exist with or without the landlord’s consent. Once a roommate contributes to rent, they are typically considered a formal tenant.
Lease Violations in Roommate Situations
In the event of a lease violation, the landlord can pursue any co-tenant for full recovery of damages. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes
In disputes between roommates, the original lease takes precedence over the roommate agreement. House rules regarding non-lease-related matters (e.g., chores, quiet hours) may not be enforceable in court. Roommates may consider mediation or arbitration for resolving disagreements not related to the lease.
Statutes
- Miss. Code § 15-1-29 – Limitations applicable to actions on accounts and unwritten contracts
- Miss. Code § 75-2A-506(1) – Statute of limitations
- Miss. Code § 97-19-75(5) – Bad check complaint procedures; restitution procedures
- Miss. Code § 89-7-23 – Notice to terminate tenancy
- Miss. Code § 89-7-27 – Nonresidential evictions; authorized in certain circumstances
- Miss. Code § 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security; disposition of tenant’s abandoned personal property
- Miss. Code § 89-8-15 – Repair of defects by tenant
- Miss. Code § 89-8-19 – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-19(2) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-19(3) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-21(3) – Tenant’s security deposit
- Miss. Code § 89-8-21(4) – Tenant’s security deposit
- Miss. Code § 89-8-23 – Duties of landlord
- Miss. Code § 89-8-25 – Duties of tenant
- Miss. Code § 89-8-17 – Rights of landlord after expiration of rental agreement
- Miss. Code § 9-11-9 – Civil jurisdiction; pecuniary interest in outcome of action
- Miss. Code § 11-25-1 – In what cases a remedy
FAQs
A Mississippi roommate agreement is a contract that outlines the terms and conditions for tenants sharing a dwelling. It specifies responsibilities, rules, and how expenses like rent and utilities will be divided among roommates.
Key components of a Mississippi room rental agreement include the names of the parties involved, property details, lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for resolving disputes.
Co-tenancy means all roommates are on the same lease with equal responsibilities to the landlord, while subtenancy involves one original tenant acting as the landlord to a subtenant. In co-tenancy, all roommates share liability for lease violations, whereas in subtenancy, the original tenant is responsible for the subtenant’s issues.
Roommates can resolve disputes by referring to their roommate agreement, but the original lease takes priority. For disagreements not related to the lease, they may consider mediation or arbitration as a neutral third-party solution.
If one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that all roommates are equally responsible for ensuring the rent is paid.
House rules established in a Mississippi roommate agreement, such as those regarding food sharing or chores, are generally not enforceable in a court of law. The lease agreement takes precedence in case of disputes.
A security deposit agreement among roommates should specify how the deposit is split, the conditions for returning it, and any rules for deducting amounts for damages or unpaid rent. Clear communication on these terms can help prevent disputes later.
Yes, if a roommate is not on the lease and the landlord has not consented to their presence, the original tenant will be liable for any violations committed by that roommate. The landlord can take action against the original tenant for any issues arising from the unapproved roommate.