Most of the time a tenancy will run its course and the lease term will end as stated in the lease agreement, with appropriate notice provided for a renewal and/or month-to-month extension, if necessary. However, there are instances where a landlord or a tenant may wish to terminate the lease agreement early. Mississippi landlord tenant law provides for several conditions for either party to the lease to terminate early, and keep in mind that there are required notice periods when seeking early termination.
Reasons to terminate
A landlord has limited opportunity to terminate a lease early, and the reasons center around noncompliance by the tenant. Reasons the landlord can terminate early:
- Per Miss. Code § 89-8-13, if there is a material noncompliance by tenant with the rental agreement or the obligations imposed by Miss. Code § 89-8-25, Duties of Tenant.
- If a tenant misrepresents a material fact on their rental application.
- If a tenant, or their guest or invitee fail to comply with a term under the agreement.
Similarly, it’s not easy for a tenant to terminate a rental agreement early, but there are some provisions in the law for early termination.
- For material noncompliance by the landlord with the rental agreement, or material noncompliance with landlord’s maintenance obligations as found under Miss. Code § 89-8-23.
- If the premises is damaged or destroyed by fire or casualty, not to include any wrongful or negligent acts of tenant, to the extent that normal use and occupancy of the premises is substantially impaired.
Proper notice is required by the party wishing to terminate early. The nonbreaching party must deliver a written notice to the party who has breached the rental agreement. The written notice must specify the breach and that the rental agreement will terminate 30 days after receipt of the notice, unless the breach is remedied. If the same breach occurs again within six months the nonbreaching party can deliver a written notice of the breach and that the rental agreement will terminate in 14 days. No opportunity to remedy the breach needs to be provided when there is such a repeat breach.
There are a few other particulars about early termination. If a rental agreement is terminated early by either party the landlord must return any prepaid rent and security deposit, in accordance with Miss. Code § 89-8-21, Tenant’s Security Deposit. And if the breach is for nonpayment of rent, the 30 day notice period is not required to terminate the lease agreement.