[MS] What are a landlord’s rights regarding an unauthorized occupant and extra dog on a lease?

MS Landlord-Tenant

Jon

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In Mississippi, even without a specific overnight guest clause, you still have enforceable lease rights.

If someone is present most of the time, has unrestricted access, and comes and goes when the tenant is not home, that person can be treated as an unauthorized occupant rather than a guest. The Ring footage, photos, and text messages are strong supporting evidence.

The third dog is a clearer issue. Your lease allows two dogs. A third dog is a direct lease violation. That alone gives you grounds to act.

Under Mississippi Code § 89-8-13, you can issue a written 30-day Notice to Cure or Quit for material lease violations (such as unauthorized occupants or pets). The notice should:

Clearly state the violations (unauthorized occupant and third dog)
Give 30 days to cure the violations
State that failure to comply will result in lease termination

If they correct the violations, the lease continues. If not, you may proceed with eviction.

You can also conduct an inspection. Mississippi law does not require a specific 24-hour notice period to enter unless your lease says otherwise. However, it is best practice to give reasonable written notice (typically 24 hours) to avoid claims of harassment or violating quiet enjoyment.

If safety becomes an issue, the affected tenant may seek a protective order. You may also coordinate with law enforcement about issuing a no-trespass warning to the boyfriend if appropriate.

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I have 2 people on a lease. One party has her boyfriend staying there over 50% of the time. The boyfriend is verbally abusive to both leasees. One leasee has called the police but they could not do anything to help since there is not verbiage in the lease regarding overnight guests.

The leasee with the boyfriend states that he does not have belongings there and does not have a key and does not stay very often, but the other roommate says that is not true and “has proof.”

The boyfriend also brings a dog. The lease states 2 dogs and his would be 3 dogs.

I am not sure how to handle this further. What are my rights as the landlord and what proof do I need that the boyfriend is there more than he should be? Trying to help the other leasee who has been accommodating to a certain point. Thank you for any help you can offer.

Lexi, Chatbot

I understand how challenging this situation must be for you. Can you please clarify if you are the landlord or one of the leasees involved in this issue?

I am the landlord.

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

What state or city is the rental property located in?

Mississippi.

Jon

Thank you. Has the other leasee provided you with any documentation or evidence regarding the boyfriend's frequent stays or the presence of the third dog?

Yes. She has Ring footage of him coming and going (with the tenants there and while they are not there) and staying. She has photos of his laundry all over and she said she has more photos. She has sent photos of the dog there as well.

Jon

Got it, thanks. Does your lease agreement include any clauses about unauthorized occupants or guests, even if it does not specifically mention overnight guests?

It only has a section about “Authorized Persons.” That has the names of the landscaper, handyman and plumber noted.

Jon

And have there been any written complaints or communications between the tenants regarding the boyfriend's behavior or the extra dog?

Yes. A lot of communications that have ranged from sit down conversations to yelling arguments. The one tenant has overstated her uncomfortable feelings regarding the boyfriend staying there. He is there when the girlfriend roommate is there and when she is not there. There are numerous text exchanges that I have copies of as well.

Jon

Understood. I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer?

No.

Jon

In Mississippi, even without a specific overnight guest clause, you still have enforceable lease rights.

The third dog is a clearer issue. Your lease allows two dogs. A third dog is a direct lease violation. That alone gives you grounds to act.

Under Mississippi Code § 89-8-13, you can issue a written 30-day Notice to Cure or Quit for material lease violations (such as unauthorized occupants or pets). The notice should:

Clearly state the violations (unauthorized occupant and third dog)
Give 30 days to cure the violations
State that failure to comply will result in lease termination

If they correct the violations, the lease continues. If not, you may proceed with eviction.

If safety becomes an issue, the affected tenant may seek a protective order. You may also coordinate with law enforcement about issuing a no-trespass warning to the boyfriend if appropriate.

Thank you for this advice. I was under the impression that Mississippi does not require a 24-hour notice to enter the property. Do you know if this is true?

Also, do you know if I am allowed to break this lease and give notice for them to move out?

Jon

You are correct. Mississippi law does not mandate a specific 24-hour notice period for entry. The statute is silent on timeframe. However, providing reasonable notice (commonly 24 hours) is still strongly recommended to protect yourself legally.

Regarding terminating the lease:

Yes, you may terminate for a material breach (unauthorized occupant and third dog), but you must follow the formal process. You cannot simply “break” the lease without notice.

You must first provide a 30-day written Notice to Cure or Quit. If they fail to fix the violations within that period, the lease terminates and you may then file for eviction.

Ok, thank you!

Jon

You're welcome! I hope this information was helpful. If there’s anything else you need, feel free to reach out. Wishing you a great day.

Jon

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