[MS] Can a landlord release one co-tenant from a lease and require the remaining tenant to move out if they want to stay?

Lexi, Chatbot

I understand how challenging it can be to deal with tenant disputes. Have you already attempted to mediate the situation between your tenants?

Andres Sanchez

Hello! I'm Andres Sanchez, an attorney with many years of experience.

I understand you're dealing with a situation where you have tenants in Mississippi who do not get along, and one wants out of the lease while the other does not. Have you considered any legal steps to address this situation?

Andres Sanchez

Let's start by understanding a bit more about your lease agreement. Does it include any specific clauses about disputes between tenants or conditions under which the lease can be terminated?

Andres Sanchez

Got it. Could you tell me if there have been any formal complaints or incidents documented between the tenants, aside from the police being called?

Have you had any direct communication with the tenants about resolving their issues, or have they expressed any willingness to mediate or find a solution?

Andres Sanchez

There are several legal arguments and considerations in Mississippi that could potentially support the case:

Joint Tenancy:
If both tenants signed the lease, they are likely considered joint tenants. This means they share equal responsibility for the lease terms, including rent payments and adherence to property rules.

Lease Termination:
Without specific clauses in the lease about tenant disputes, you may need to rely on general landlord-tenant laws in Mississippi. These laws can sometimes allow for lease termination if the living situation becomes untenable due to safety concerns or significant disturbances. (MS Code § 89-8-11)

Eviction Process:
In Mississippi, eviction typically requires a legal process, which includes providing notice to the tenants and potentially going to court. The presence of a verbally aggressive boyfriend might be relevant if it affects the safety and peace of the property. (MS Code § 89-7-35)

Tenant Rights:
Both tenants have rights under Mississippi law, including the right to quiet enjoyment of the property. If one tenant's behavior is infringing on the other's rights, this could be a factor in resolving the dispute.

Here’s how you can proceed with the tenant situation:

1. Review Lease Agreement
   Double-check your lease agreement for any clauses related to tenant disputes or early termination. Even if it seems like just definitions, sometimes these sections can provide insights into handling conflicts.
2. Document Everything
   Keep a record of all communications, including text messages and any incidents involving the police. This documentation can be crucial if you need to take legal action.
3. Consider Legal Grounds for Eviction
   In Mississippi, you may have grounds to evict tenants if they are causing disturbances or if the property is being used in a way that violates the lease terms. The presence of a verbally aggressive boyfriend could be relevant here.
4. Consult a Local Attorney
   Given the complexity of tenant laws, consulting with a local attorney who specializes in landlord-tenant disputes can provide you with specific advice tailored to your situation.
5. Explore Mediation Again
   Although previous attempts at mediation failed, consider whether a professional mediator might help.
6. Prepare for Possible Legal Action
   If eviction becomes necessary, be prepared for the legal process, which includes serving proper notice and potentially going to court.

If you let one tenant out of the lease, your ability to push the other out would depend on the terms of the lease and local laws. Generally, if the remaining tenant is not violating any lease terms, you may not have grounds to evict them without cause. Consulting with a local attorney can provide clarity based on your specific situation.

Andres Sanchez

Leaving the stove on overnight could potentially be considered a safety hazard, which might provide grounds for eviction if it violates lease terms regarding safety and proper use of the property. However, it's important to document these incidents and consult with a local attorney to ensure you proceed correctly under Mississippi law.

If a tenant is causing damage to your property, this can indeed be grounds for eviction, especially if it violates the lease terms regarding maintaining the property. Make sure to document any damage with photos and written records. This documentation will be important if you decide to pursue eviction. If you have more questions or need further assistance, feel free to ask.