You’ll need a Mississippi sublease agreement if you want to rent out all or part of your property to another person (subtenant).
Known as the sublessor, the original tenant of a rental is responsible for the actions of their subtenant and:
- paying monthly rent
- keeping the property in good condition
- adhering to the terms of the original lease agreement
According to Mississippi sublease laws, all the rules and restrictions in the original lease still apply to the sublease. The actual tenant is also accountable if anything goes wrong, such as damage to the property or unpaid rent.
How to Write a Mississippi Sublease Agreement
- Identify the property type — This will typically be a condominium, house, apartment, or room. Check your lease if you’re unsure of the specific property type.
- Copy the rental address on the form — Write down the full address of the rental you’re subleasing in Mississippi, including the apartment number (if applicable) and zip code.
- Describe the rental in full — Define all the areas included in the sublease agreement, such as the total number of bedrooms, parking spots, and storage areas available to the subtenant.
- Define all rental restrictions — Include any rules to protect your property from damage, but ensure they don’t contradict the original lease. Common conditions include a no smoking or pets clause.
- List the total rent due each month — Include the full monthly rental amount, utility bills, and any additional fees. Be sure to itemize exactly what’s due from your subtenant.
- Write down the current tenants’ names — Provide your full name and the names of anyone listed on the original lease.
- Indicate where to send notices — If you are not living in the rental property at the same time as the subtenant, include the address where you’ll be staying so the subtenants can send notices as needed.
- Include the subtenants’ names — Write down the full names of all subtenants who will be residing at the property.
- Specify the landlord’s name — Write the name of your landlord or property management company plus their contact information.
- Scan and print the original lease — In Mississippi, the terms and conditions of the original lease also apply to any sublease agreement created. Print and attach a copy of the lease for your subtenant to review.
- Provide beginning and end dates — The date the sublease begins and ends must be noted.
- Sign the sublease — All parties must sign the sublease agreement. This includes the landlord/property manager, all original tenants, and all subtenants.
Mississippi Sublease Laws
You should check your original lease agreement to see if you can sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Mississippi. Once you’ve filled out a Mississippi sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Mississippi laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Mississippi Landlord-Tenant Laws: §§ 89-7-1 — 89-7-125
In Mississippi, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within forty-five days (45) of the end of the sublease
- Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease
Mississippi Sublease FAQs
Can I legally sublet in Mississippi?
Yes, you can legally sublet in Mississippi. The landlord-tenant laws in Mississippi do not specifically address subleasing, so you’ll have to refer to your original lease for clarification. If the lease doesn’t mention that subletting is banned, you can legally sublease as long as you abide by all other terms and conditions listed within the original lease agreement.
Is subleasing in Mississippi possible without permission?
Yes, subleasing in Mississippi is possible without your landlord’s permission, but it’s always a good idea to let them know beforehand. As long as subletting isn’t explicitly forbidden in your lease, you aren’t required to get permission to sublet the rental.
Can I get in trouble for subletting in Mississippi without an agreement?
Yes, you may get in trouble for subletting In Mississippi without a sublease agreement. You should always sign a contract when subletting your home for more than one year.
Having a sublease agreement is an excellent idea for shorter rental terms as well, and it will help protect you in the event a subtenant violates the terms of your agreement.
What’s the best way to end a sublease agreement in Mississippi?
If you want to end a sublease agreement in Mississippi, the best way is to follow the formal eviction process. This is true for both subtenants and sublessors.
Subtenants — If you’re a subtenant looking to end your sublease agreement, the best way to do so is to communicate with the original tenant. It’s within their right to let you out of the sublease before the end date.
Otherwise, you may leave the property before the sublease ends if you have a valid reason, such as improper maintenance or suspected illegal activity on the premises.
Sublessors — If you’re a sublessor, the best way to end your sublease agreement is to provide the legally-required advance notice of your intention.
- For non-payment violations, you must give your subtenant three days’’ notice before ending the sublease.
- For sublease term violations, you must give at least 14 days’’ notice
- For all other reasons, subtenants must be given 30 days’’ notice that the sublease will not be renewed.