Fill and Sign the Ms Eviction Form

Please note the following provisions of the Residential Landlord Tenant Act: ----------------------------------- SEC. 89-8-13. Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security. (1). If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set out in subsection (2) Of this section or resort to any other remedy at law or in equity except as prohibited by this chapter. (3) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter. (4) The nonbreaching party may deliver a written notice to the party in breach specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following: (a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate; (b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6)months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days'written notice specifying the breach and the date of termination of the rental agreement; (c) Neither party may terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his family or other person on the premises with his consent. (5) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21. (6) Notwithstanding the provisions of this section or any other provisions of this chapter to the contrary, if the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord shall not be required to deliver thirty (30) days' written notice as provided by subsection (3) of this section. In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972. SOURCES: Laws, 1991, ch. 478, Sec. 7, eff from and after July 1, 1991, and shall apply to rental agreements entered into after such date. Laws, 1993, ch. 312, Sec. 2, eff from and after passage(approved March 12, 1993). ---------------------------------------------- SEC. 89-8-19. Length of term of tenancy; notice to terminate tenancy; exception to notice requirement. (1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month. (2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date. (3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date. (4) Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety. SOURCES: Laws, 1991, ch. 478, Sec. 10, eff from and after July 1, 1991, and shall apply to rental agreements entered into after such date. ---------------------------- SEC. 89-8-17. Rights of landlord after expiration of rental agreement. Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the expiration of a rental agreement, recover possession of the dwelling unit, cause the tenant to quit the dwelling unit involuntarily, demand an increase in rent or decrease the services to which the tenant has been entitled in accordance with any other provisions of this chapter, if such actions by the landlord did not have the dominant purpose of retaliation against the tenant for his actions authorized under this chapter and the landlord received written notice of each condition which was the subject of such actions of the tenant. SOURCES: Laws, 1991, ch. 478, Sec. 9, eff from and after July 1, 1991, and shall apply to rental agreements entered into after such date. [send letter regular mail and certified mail] [date] CERTIFIED MAIL NO.       RETURN RECEIPT REQUESTED Re: Tenant:       Termination of Tenancy:       Property Address:       Dear:       This is to advise you that the Landlord of the property described above elects to terminate your tenancy. [state reason if necessary] You have [thirty (30) or seven (7) (see residential landlord tenant act)] days from the date of this letter to vacate the property, which date would be       . When you have vacated the property, we would appreciate you calling our office for information regarding the disposition of keys to the house and to let us know that the property is vacant. Please call our office at       and ask for the foreclosure desk regarding the information requested. Sincerely,       :mh cc:       [date] Justice Court Clerk address RE: Tenant:       Property Address:       Landlord:       Dear Sir: Please file the enclosed Affidavit to Remove Tenant on the records of your office. Our check in the amount of $       is enclosed for the filing fee. We are also enclosing a copy of our letters (regular and certified mail) dated       advising       , to vacate the property on       . If you have any questions or need any additional information, please call our office at       . Thank you for your assistance. Sincerely, Name :mh Enclosures cc:       AFFIDAVIT TO REMOVE TENANT STATE OF MISSISSIPPI COUNTY OF       BEFORE ME, the undersigned authority in and for       County, Mississippi,       , Attorney for       , who makes oath to the best of his knowledge and belief that       , or current tenant(s), at       , after termination of the tenancy, and without the permission of Affiant, hold over and refuse to deliver possession of the following described property, to-wit: [describe property] That the necessary notice of foreclosure and eviction according to law has been given to terminate such tenancy. ________________________________       , Attorney for       SWORN TO AND SUBSCRIBED BEFORE ME, this the       day of       , 20       . _______________________________ NOTARY PUBLIC MY COMMISSION EXPIRES:             RE: Tenant:       Property Address:       Landlord:       Dear       : Enclosed is the Affidavit for Warrant of Removal of Tenant from       . Our check in the amount of $       is enclosed for the filing fee. PLEASE ADVISE OUR OFFICE WHEN THE DATE HAS BEEN SET BY THE CONSTABLE TO VACATE THE PREMISES SO THE NECESSARY ARRANGEMENTS CAN BE MADE TO HAVE A MOVING COMPANY AVAILABLE. Should you need any additional information, please call our office at       . Thank you for your assistance. Sincerely,       Enclosures cc:       Summons of Removal -       AFFIDAVIT FOR WARRANT OF REMOVAL STATE OF MISSISSIPPI COUNTY OF       Before me, a Notary Public of       County, Mississippi,       , attorney for       , makes oath to the best of his knowledge and belief that       , or current tenant(s), have refused to vacate said premises located at       , the necessary notices according to law have been given to terminate such tenancy, and that possession of said property cannot be obtained otherwise. _______________________________       , Attorney for       SWORN TO AND SUBSCRIBED BEFORE ME, this the       day of       , 20       . _______________________________ NOTARY PUBLIC My Commission Expires: