Mississippi Sublease Agreement
A Mississippi sublease agreement is a legal document that enables an original tenant, referred to as the “Sublessor,” to rent out all or part of their property to another individual, known as the “Sublessee”. The Sublessor retains responsibility for fulfilling the obligations outlined in the original lease, including paying rent and maintaining the property in good condition.
Mississippi Sublease Agreement
Standard Components of a Sublease Agreement
A typical Mississippi sublease agreement includes several essential elements:
- Names of the Parties: Identification of the Sublessor and Sublessee.
- Term: Start and end dates of the sublease.
- Rent: Amount, payment schedule, and payment method.
- Rental Unit Location: Address of the rental unit.
- Master Lease Inclusion: Attachment of the original lease and any exceptions.
- Authorized Occupants: Identification of all individuals allowed to reside in the unit.
- Liability: Responsibilities for damages and obligations to the landlord.
- Security Deposit: No maximum limit; held by the Sublessor.
- Pet Deposit: Additional deposits may apply, excluding service animals.
- Return of Security Deposit: Must be returned within 45 days of the sublease end.
- Inventory of Included Items: List of furnishings or appliances included.
- Lead-Based Paint Notice: Required if the property was built before 1978.
- Utilities: Specification of who pays for utilities.
- Disputes: Procedures for resolving disputes.
- General Conditions: Statement regarding the completeness of the agreement.
- Smoking Policy: Designation of smoking areas, if applicable.
- Landlord’s Consent: Description of how to obtain landlord approval.
- Signature: Signatures and dates for all parties involved.
Permission to Sublet
In Mississippi, tenants must obtain explicit written permission from their landlord to sublet their rental unit. Even if the original lease does not explicitly prohibit subletting, the landlord retains the right to deny a request based on the qualifications of the proposed subtenant, such as rental history or pet ownership. If the original lease prohibits subletting, tenants are not permitted to sublease the property.
Relevant Laws
The landlord-tenant relationship in Mississippi is governed by Title 89, Chapter 7 of the Mississippi Code. There are no specific laws addressing subleasing; therefore, tenants must refer to their original lease for guidance on subletting provisions.
Tax Implications of a Sublease
Tenants who sublet properties may be subject to state and local taxes, particularly if the rental period is less than 90 days. The following tax obligations apply:
- State Sales Tax: 7% on short-term rentals.
- City and County Taxes: Varies by location; may include lodging and tourism taxes.
If a sublessor has a tax liability exceeding $300, they must file tax returns monthly; otherwise, quarterly filing may be permitted. Payments can be made to the Mississippi Department of Revenue, and some platforms may remit taxes on behalf of the sublessor.
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
Yes, in Mississippi, you must obtain explicit written permission from your landlord to sublet your apartment. Even if your lease does not explicitly prohibit subletting, the landlord retains the right to deny your request based on the qualifications of the proposed subtenant.
A Mississippi sublease agreement should include the names of the parties, the term of the sublease, the rental amount, the rental unit’s location, and a copy of the original lease. It should also outline liability, security deposit details, authorized occupants, and any smoking policies, among other important terms.
If you sublet for less than 90 days in Mississippi, you may be subject to state sales tax and local lodging taxes. The state sales tax is 7%, and additional city and county taxes may apply, which vary by location.
In Mississippi, a landlord must return any unused portion of the security deposit within 45 days after the end of the sublease. This applies to both the original tenant and the subtenant.
Yes, a landlord in Mississippi can refuse a subtenant even after granting permission to sublet. They may deny the request if they believe the subtenant lacks sufficient rental history or fails to meet other qualifications.
In Mississippi, short-term rentals are typically defined as rentals lasting 90 days or less, although individual cities may have their own definitions. For example, some cities classify short-term rentals as those lasting less than 30 consecutive days.
If you do not obtain your landlord’s consent to sublet, you may be violating your lease agreement, which could lead to eviction or other legal consequences. It’s essential to adhere to the terms of your original lease to avoid these issues.