Legal Question in Landlord & Tenant Law in Mississippi

Tenant Rights

I live downstairs and the tenant above me has (3) children approx ages from 11 to 5 who are left alone from teh time they get in from school (approx 3pm) until the mother gets home around 5:30-7:00 pm each evening.

The children run, bounce balls, throw each other against the walls, have other children in the apt who have climbed down the balcony when the mother has arrived home unexpectedly, I have notified the landlord, he has actually heard the noise while in my apt, my smoke detector has been knocked from the ceiling on (2) occasions, the landlord has 12-14 incident reports of the noise, the local police dept. has 8-9 reports.

I was advised by the local police dept. to file an affidavit against the mother which I did, the city judge said that since the mother was not creating the noise that I would have to file againt the children in youth court.

The lease signed by all tenants states that there will be ''immediate termination'' of the lease if a tenant impairs the right of peaceful enjoyment of the premises by the other residents.

What can I do to force the landlord to enforce the lease?


Asked on 9/12/06, 12:27 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Tenant Rights

Hire an attorney to write a letter to LL re: Cease + Desist with deadline. Follow up with Lease termination Notice.

I have been a LL 26 years.

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Answered on 9/12/06, 12:43 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Tenant Rights

You should first send, or have an attorney send for EFFECT, a cease and desist/demand letter to the landlord, as well as the tenant at issue. This should remedy the problem right away, especially if the letter is sent on Attorney letterhead. However, if need be thereafter, you should then file suit for private nuisance against the landlord and/or tenant at issue for judicial remedies against the uncooperative parties. We specialize in real estate and landlord tenant law. For prompt, affordable legal assistance in this matter, contact us directly today for a free phone consultation.

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Answered on 9/12/06, 2:04 pm


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