Fill and Sign the Mississippi Failure Form

IN THE COUNTY COURT OF       COUNTY, MISSISSIPPI       AND       PLAINTIFFS VS. CAUSE NO.             AND       DEFENDANTS COMPLAINT COMES NOW       and       , Plaintiffs in the above styled cause, by and through counsel, and files this their civil action against       and       , Defendants, and in support thereof would show the following: 1. Plaintiffs       and       hereinafter ("the       ") are adult resident citizens of       ,       County, Mississippi. 2. Defendants       (hereinafter 'the       ") are adult resident citizens of       ,       County, Mississippi, who may be served with process at their residence,       ,       , Mississippi,       . 3. On or about             ,       , the       leased the residence located at       ,       , Mississippi, from the       . In connection with the execution of the lease, the       provided the       with a security deposit in the amount of       and       Dollars ($       ) for the purposes of securing the       performance in accordance with the terms of the lease. A copy of said lease is attached hereto as Exhibit "       " and incorporated herein by reference. 4. Approximately       (       ) months into the lease term, the       purchased a new home. Pursuant to an agreement with the       , the       located a new tenant satisfactory to the       and the       terminated and released the       from the existing lease and executed a new lease with the new tenants. A copy of the Release is attached hereto as Exhibit "       " and incorporated herein by reference. The lease with the new tenants provided the       with a higher rent and will expire       (       ) months later than the       lease. A copy of said new lease is attached hereto as Exhibit "       " and incorporated herein by reference. 5. After the       vacated the property and the new tenants moved in, the       on             ,       , requested a return of their security deposit. However, the       refused. Thereafter, on             , 20       , the       attorney, on their behalf, made demand on the       pursuant to Mississippi Code Ann. Sec. 89 - 8 - 21, for the return of the security deposit and/or an itemization of any amount which the       claimed to be due from the security deposit. A copy of said             , 20       letter is attached hereto as Exhibit "       " and incorporated herein by reference. - 1 - 6. In response to the             ,       letter the       responded with a letter dated             ,       . A copy of said letter is attached hereto as Exhibit "       " and incorporated herein by reference. While the       admit that the lease was terminated and the       released, the       refuse to return the security deposit without setting forth any legitimate basis for withholding said sum. 7. Approximately       (       ) months into the lease term, the       purchased a new home. Pursuant to an agreement with the       , the       located a new tenant satisfactory to the       and the       terminated and released the       from the existing lease and executed a new lease with the new tenants. A copy of the Release is attached hereto as Exhibit "B" and incorporated herein by reference. The lease with the new tenants provided the       with a higher rent and will expire       (       ) months later than the       lease. A copy of said new lease is attached hereto as Exhibit "       ' and incorporated herein by reference. 8. After the       vacated the property and the new tenants moved in, the       on             ,       , requested a return of their security deposit. However, the       refused. Thereafter, on             ,       , the       ' attorney, on their behalf, made demand on the       pursuant to Mississippi Code Ann. Sec. 89 - 8 - 21, for the return of the security deposit and/or an itemization of any amount which the       claimed to be due from the security deposit. A copy of said             ,       letter is attached hereto as Exhibit "       " and incorporated herein by reference. 9. In response to the             ,       letter the       responded with a letter dated             ,       . A copy of said letter is attached hereto as Exhibit "       " and incorporated herein by reference. While the       admit that the case was terminated and the       released, the       refuse to return the security deposit without setting forth any legitimate basis for withholding said sum. 10. More than       (       ) days have passed since the       made demand on the       for return of their security deposit. However, the       have failed or refused to return the security deposit willfully and intentionally and without any legitimate or just reason for withholding the security deposit or any portion thereof. As a result, the       are entitled to a judgment against the       , jointly and severally, in the principal sum of       and       Dollars ($       ), plus additional damages of       and       Dollars ($       ), as provided by Mississippi Code Ann. Sec. 89 - 8 - 21, pre - judgment and post - judgment interest, reasonable attorneys' fees and all costs of court. WHEREFORE, PREMISES CONSIDERED, Plaintiffs       and             pray that summons issue against the Defendants       and             , that the Defendants be cited to appear and answer herein, that upon a final hearing of       and             , have a judgment entered against the Defendants, jointly and severally, in the principal amount of       and       Dollars ($       ), plus damages in the amount of       and       Dollars ($       ) as provided by Mississippi Code Ann. Sec. 89 - 8 - 21, pre - judgment or post - judgment interest, reasonable attorney:;' fees and all costs of court. - 2 - AND, Plaintiffs pray for such other general and specific relief which may be proper in the premises. THIS, the       day of       , 20       . Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       - 3 -