Mississippi Lease Termination Letter For Month-To-Month Lease
A Mississippi lease termination notice is a formal document used to announce the end of a rental tenancy. This notice can be issued by either the landlord or the tenant, typically requiring at least 30 days’ notice prior to the termination date.
Mississippi Lease Termination Letter For Month-To-Month Lease
Types of Mississippi Lease Termination Notice Forms
Mississippi 7 Day Notice To Vacate
This notice is applicable for terminating a week-to-week lease or situations where there is no written lease and the tenant pays rent weekly. The non-terminating party must receive this notice at least seven (7) calendar days before the intended termination date.
Mississippi 30 Day Notice To Vacate
This notice is used to terminate a rental agreement, including month-to-month or year-to-year leases, expired leases, or situations without a written lease where rent is paid monthly. The non-terminating party must receive this notice at least thirty (30) calendar days before the termination date.
How To Write a Lease Termination Notice in Mississippi
To ensure compliance with legal standards, a lease termination notice should include the following elements:
- Full name of the receiving party and their address of record, if known.
- The specified termination date of the lease or tenancy.
- The full address of the rental premises.
- The updated/current address and phone number of the sender.
- The printed name and signature of the sender.
- A completed certificate of service indicating the date and method of notice delivery, along with the printed name and signature.
It is essential to allow sufficient time after the notice is delivered, rather than when it is sent.
How To Calculate Expiration Date in Mississippi
The notice period begins the day after the notice is delivered (served). For example, to provide at least 30 days of notice and terminate a tenancy as of June 30th, the notice must be delivered no later than May 31st. If the last day of the notice period falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day.
How To Serve a Lease Termination Notice in Mississippi
Mississippi law does not specify the method of delivery for a lease termination notice, but any method that results in actual notice is valid. Recommended delivery methods include:
- Hand delivery to the other party.
- Hand delivery to a person over age 16 who can accept the notice on behalf of the other party, plus delivery by first-class mail with prepaid postage.
- Delivery by first-class mail with prepaid postage and a declaration of service in a return envelope, also with prepaid postage.
- Delivery by electronic notice (email or text message) if the receiving party has agreed in writing to accept notice through this method.
Mailed notices extend the notice period by three (3) calendar days to account for variable delivery times.
Legal Considerations
Notice Period
A minimum of 30 days’ notice must be provided by the party initiating the termination for at-will tenancies.
Penalty for Holdover
A tenant who remains on the property without the landlord’s permission may be required to pay double the rent that would have been due for the duration of the unauthorized stay.
Governing Law
The lease termination process is governed by Mississippi Code, Title 89, Chapter 8-19.
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 lease termination notice is a formal document that announces the end of a rental tenancy, which can be initiated by either the landlord or tenant. Typically, at least 30 days’ notice is required before the termination date.
In Mississippi, there are primarily two types of lease termination notices: the 7 Day Notice To Vacate, which is used for week-to-week leases, and the 30 Day Notice To Vacate, applicable for month-to-month or year-to-year leases.
To calculate the expiration date for a lease termination notice in Mississippi, the notice period begins the day after the notice is delivered. For a 30-day notice to terminate a tenancy by June 30, the notice must be delivered by May 31.
In Mississippi, a lease termination notice can be served through various methods, including hand delivery, mailing via first-class mail, or electronic notice if previously agreed upon. It’s important that the method ensures actual notice is received.
If a tenant stays on the property without the landlord’s permission after the lease termination notice period, they may be required to pay double the rent for the duration of their unauthorized stay.
A Mississippi lease termination notice should include the full name and address of the receiving party, the termination date, the rental property’s address, the sender’s current contact information, and the sender’s signature. It’s also important to complete a certificate of service.
Yes, while Mississippi law does not specify the delivery method, it is recommended to provide a written lease termination notice to ensure clarity and legal compliance.