Legal Question in Civil Litigation in Mississippi

Facing eviction, rent has been late several time an accepted by landlord

Several times rent as paid late an Landlord notified and accepeted. Now landlord wants to evict. Lease states that their will be a 10% charge for late rent. All rent and late fees were paid each time of late pay. At time rent was paid in portion and accepted. Second 12 month lease contract was sign and a month an half later the landlord says the owner didn't sign and I'm on a month to month. Landlord says owner wants eviction because of late payment, never behind just late. Landlord states that security deposit will be forfieted because I was asked to vacate. No notice was sent, just verbal conversation over the phone.What are my rights on my security deposit? If thirty day notice is needed then I could do this. But landlord says no to thirty day notice. There are no provision in lease on eviction after a number of late payment or partial payments during that month. HELP


Asked on 9/16/01, 11:57 am

1 Answer from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: Facing eviction, rent has been late several time an accepted by landlord

If the reason for keeping the deposit is because you were late a couple of times before, you need to seek legal counsel. Under MS law, a landlord must itemize his reasons to keep any or all of a security deposit.

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Answered on 10/26/01, 4:34 pm


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