Mississippi Rental Agreement for Residential Premises

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Mississippi Rental Agreement for Residential Premises Powered By Docstoc
					               RESIDENTIAL RENTAL AGREEMENT (MISSISSIPPI)
THIS AGREEMENT made effective as of the _____ day of ______________, _______ by and between:

        [NAME OF LANDLORD or LANDLORD’S AGENT] (the “Landlord” [or if agent, the “Agent])
        [address of Landlord or Agent]

                 - and -

        [NAME(S) OF TENANT(S) - all adult tenants should be named] (the “Tenant”)

The Landlord does hereby lease to the Tenant the Premises located at _________________ [insert street
address of the Premises], in the City of _______, State of Mississippi (the “Premises”). The Tenant shall not
use or permit the use of the Premises for any purpose other than as a residential dwelling solely for the
Tenant and the Tenant’s family and/or dependents. This provision does not include reasonable
accommodation of the Tenant’s guests or visitors.

1.      Tenancy

The tenancy created by this Agreement shall be a [week-to-week / month-to-month] tenancy which will
commence on the first (1st) day of ______________, _______, and will terminate as hereinafter provided.

2.      Rent

[if tenancy is week-to-week: The rent due hereunder is the sum of __________________ DOLLARS
($_______) per week, to be paid by 12:00 noon on Monday of each week.

[if tenancy is month-to-month: The rent due hereunder is the sum of __________________ DOLLARS
($_______) per month, to be paid on the first day of each month.

The first payment shall be made on the ____ day of _____________, _____. All payments to be made
hereunder shall be made to the Landlord at the address set out in this Agreement, or such other address
as the Landlord may from time to time designate in writing to the Tenant. If rental payments are being
sent by regular mail, the Tenant is responsible for ensuring that such payments are mailed with sufficient
time to allow delivery by the date on which the rent is due.

3.      Additional Occupants

The following person(s) will also occupy the Premises, but is/are not of legal age and shall have no
liability or responsibility under this Agreement: _____________ [list any minor children]

No rights under this Agreement shall be conferred to any person who has not executed this Agreement.

The Tenant shall notify the Landlord immediately in writing of any person(s) who are not named in this
Agreement who have been or shall be residing in the Premises for a period in excess of _______ days.
Such person(s) may remain in the Premises only upon written authorization of the Landlord.

4.      Utilities and Appliances

The Landlord shall pay for the following utilities and services: [delete those that are not included]
        (i)      water and sewer
        (ii)     gas
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        (iii)   electricity
        (iv)    trash removal
        (v)     lawn care and snow removal
        (vi)    other: ________________________

The Tenant agrees to pay for all utilities not provided for by the Landlord. The Landlord shall not be
responsible for the failure of any utility service caused by conditions beyond the Landlord’s control or
damage to the Tenant’s personal property as a result thereof. The Tenant shall ensure that no materials
are placed in the trash receptacles that are radioactive, volatile, highly flammable, explosive, toxic or
hazardous according to the standards set out by any agency of either state or federal government which
promulgates regulations of such materials pursuant to applicable federal or state law. The Tenant
indemnifies and holds the Landlord harmless for the disposal of any of the aforementioned materials in
violation of this Agreement.

The following appliances and fixtures shall be provided by the Landlord:
        (a)     [electric/gas] range
        (b)     refrigerator
        (c)     microwave
        (d)     dishwasher
        (e)     garbage disposal
        (f)     carpet(s)
        (g)     window coverings
        (h)     other: ____________________

5.      Security Deposit

A security deposit of [AMOUNT OF DEPOSIT IN WORDS] DOLLARS ($_______) collected from Tenant
shall be held by the Landlord as security against loss from damage, nonpayment of rent, or any other
breach of this Agreement by Tenant and shall be refunded to Tenant within forty-five (45) days after the
expiration of this Agreement, provided that:

(a)     the Tenant has provided the Landlord with written notice of intent to vacate the Premises in
        accordance with State landlord-tenant legislation;

(b)     upon inspection, the Premises is found to be in a comparable condition to its state at the
        beginning of the tenancy hereunder, reasonable wear and tear excepted;

(c)     the covenants and agreements and conditions on the part of the Tenant have been complied with
        entirely, and there are no unpaid charges, utility bills or rent payments;

(d)     the Premises and all fixtures and appliances provided by the Landlord are left in a clean and tidy
        condition. The Tenant agrees that the Landlord will have the carpets professionally cleaned at the
        Tenant’s cost when the Tenant has vacated the Premises. The parties agree that the cost of such
        cleaning will not exceed $####.##;

(e)     the Tenant has returned all keys and provided the Landlord with a forwarding address to which
        the security deposit may be mailed by the Landlord.

The security deposit is not any part of the rent herein reserved and consequently cannot be applied to any
rent or other charges due hereunder while the Tenant occupies the Premises. This security deposit shall
                                                     -3-


be held in accordance with the laws of the State of Mississippi. If deductions are made from the security
deposit, the Landlord shall provide the Tenant with an itemized statement of such deductions. [if multiple
tenants - The Landlord will issue one check in the name of all tenants in returning the security deposit (or
portion thereof) and shall mail the same to the forwarding address provided under subparagraph (e)
above.]

6.      Late Fee

In the event the entire rent is not received by the Landlord by 5:00 p.m. on the fifth (5th) day that the same
became due, a $_______ late fee will be assessed. In the event of an insufficient funds check being
tendered, an additional fee of $______ plus all bank charges shall apply. A ___% carry-over fee shall be
charged on all outstanding balances not paid on or before the last day of each month. The Landlord’s
acceptance of late rent with payment of the late fee shall in no way limit the Landlord’s rights to
terminate this Agreement in accordance with the Act for future nonpayment or late payment of rent.

7.      Termination of Agreement

(a)     Termination if Not in Breach: This Agreement may be terminated by either party, so long as they
        are not in breach of the terms of this Agreement, by giving [if weekly: seven (7) days’ / if monthly:
        thirty (30) days’] written notice to the other party.

(b)     Immediate Termination for Misrepresentation: This Agreement shall be terminated immediately and
        proceedings commenced for immediate repossession of the Premises due to any material
        misrepresentation made by the Tenant with respect to the information provided on his/her rental
        application.

8.      Default by Tenant

Upon the failure of the Tenant to make any payment of rent when it is due, or if the Tenant should breach
any other covenants, agreements, or conditions herein contained, or if the Premises is abandoned,
deserted, or vacated (any of which occurrences shall be deemed an event of default hereunder), then at
the option of the Landlord or its agents, this Agreement may be terminated, and the Landlord may re-
enter and repossess the Premises and remove and evict each and every Tenant and occupant, in
accordance with applicable State law. In the event of re-entry by the Landlord, the Tenant shall be liable
for damages to said Landlord for all loss sustained, to include rent to the end of the rental period or any
rent lost due to re-letting the Premises, and such re-entry shall not be deemed an acceptance by the
Landlord or a surrender or otherwise constitute a release of the Tenant.

9.      Abandonment

If the Tenant vacates or abandons the Premises without giving proper written notice to the Landlord, the
Tenant shall remain responsible for all amounts due for the remainder of the tenancy. If the Landlord’s
right of re-entry is exercised following abandonment of the Premises, the Landlord may consider any
personal property belonging to the Tenant and left in the Premises to have been abandoned, in which
case the Landlord may dispose of such personal property in any manner provided by law and is hereby
relieved of any and all liability for doing so.

10.     Condition of Premises

On the date the Tenant takes possession of the Premises, the Landlord and Tenant shall jointly inspect the
Premises and sign a report as to its condition. By signing the report, the Tenant acknowledges his/her
inspection and acceptance of the Premises in its present condition, except as specifically excepted in such
                                                   -4-


report by the Tenant. Within _______ days of the Tenant taking possession of the Premises, the Landlord
will remedy and repair any reasonable exception noted by the Tenant in such report.

11.    Right of Entry and Inspection

The Landlord reserves the right at all times to enter the Premises without notice or consent in case of
emergency. The Landlord reserves the right at all reasonable times, and upon reasonable notice to
Tenant, to enter the Premises for making inspections, repairs, alterations, or improvements, to supply
necessary or agreed services, or to show the Premises to potential or actual tenants, purchasers,
mortgagees, workmen or contractors, and the Tenant shall not unreasonably withhold consent to such
entry.

12.    Tenant’s Agreement as to Use & Maintenance of Premises

During the currency of this Agreement, the Tenant agrees to do and perform the following:

(a)    to keep and maintain the Premises and grounds, deck, patio and driveway in a safe, clean and
       sanitary condition, and to comply with applicable standards of the Housing and Building Codes;

(b)    to make no alterations, improvements or additions thereon or therein without the written consent
       of the Landlord;

(c)    to not change any lock or install any additional lock, burglar alarm or other security device
       without the written consent of the Landlord;

(d)    to use all electrical, plumbing, appliances, heating and air conditioning, and fixtures in a safe and
       reasonable manner, and to turn off all water faucets, lights and electrical appliances when not in
       use;

(e)    to maintain any smoke detectors on the Premises and to test the smoke detector once a
       [week/month/etc] to ensure that the smoke detectors and batteries are in good working order;

(f)    to store personal property such as bicycles, vehicles, boats, trailers, motors and motorcycles in a
       safe manner and only in areas specifically designated for storing such items;

(g)    to not perform any kind of vehicle maintenance, including but not limited to oil changes,
       washing, waxing, tune-ups or other maintenance, on or around the Premises;

(h)    to not bring or keep pets or animals of any kind on the Premises (including pets belonging to
       guests or visitors), except as provided in the attached Pet Rider, if applicable;

(i)    to not litter, damage or cause waste upon the Premises and to prohibit guests and invitees from
       doing the same. All garbage, trash, ashes and other waste is to be placed in the trash receptacles
       provided by the Landlord and disposed of in a clean and safe manner;

(j)    to not hang or drape rugs, towels, laundry, clothes lines or other such items on the railings or
       other portions of the balconies, patios, porches, decks or other exterior areas of the Premises,
       except as designated by the Landlord;

(k)    to not engage in conduct or allow any guest or invitee on the Premises with expressed or implied
       permission to engage in conduct that may disturb other persons in the building or neighborhood;

(l)    to pay for the cost of all repairs made necessary by the neglect and careless use of the Premises by
       the Tenant and/or the Tenant’s family, pets, agents, guests or invitees. The Tenant shall notify
                                                     -5-


        Landlord promptly of any damage to the Premises caused by the Tenant or Tenant’s family, pets,
        agents, guests or invitees. The Tenant shall immediately report to the Landlord and the local
        police any act of vandals or burglars causing damage to the Premises. The Tenant agrees to
        promptly report to the Landlord any repairs made to the Premises by the Tenant, however, no
        such repair expense shall be deducted from the monthly rent under any circumstances
        whatsoever;

(m)     to promptly notify the Landlord of any need for repairs to the Premises, including but not limited
        to plumbing problems, defective appliances, broken windows or doors, or any other defective
        part of the Premises;

(n)     to not engage in conduct or allow any guest or invitee on the Premises with expressed or implied
        permission to engage in conduct which is hazardous, dangerous or unlawful. In the event the
        Tenant or any invitee of the Tenant is convicted or diverted for a criminal offense occurring in or
        around the Premises, the Landlord shall have the right to terminate this Agreement immediat
				
DOCUMENT INFO
Description: Rent a house or apartment in Mississippi to a tenant with this Rental Agreement for Residential Premises, for a monthly or weekly tenancy. - The Agreement establishes what is called a "periodic tenancy" because it runs from rental period to rental period (month to month or week to week). - The tenant must pay late fees if the rent is not paid on time, and a charge for any returned checks. - The tenant is responsible for yard maintenance. - Procedure that the landlord must follow for returning the tenant's security deposit at the end of the tenancy. - Provisions for termination by either party, in accordance with landlord-tenant laws. - The file also contains a Lead Paint Disclosure form, as required by law. - Also included is a Premises Condition Report to be jointly filled in by the landlord and the tenant at the beginning and the end of the tenancy. This Mississippi Rental Agreement for Residential Premises is provided in MS Word format, and is fully editable to fit your particular circumstances.
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