Can a landlord terminate a lease for a tenant's child's behavior?

Full question:

As a Landlord do I have the right to terminate a lease due to my tenant’s child causing a problem to the neighbors? Can the neighbors sue me for not terminating the lease?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Mississippi

Answer:

Landlords and tenants must act in good faith under a lease agreement. Tenants are generally responsible for reasonable use of the property and must not disturb neighbors with excessive noise or cause a nuisance. They are also required to keep the premises clean and safe and to inform the landlord of any dangerous conditions.

A landlord can terminate a lease if a tenant significantly violates the lease terms. If a tenant breaches the lease, the landlord must provide written notice specifying the breach and often a deadline for the tenant to remedy the situation. The notice period varies by the type of breach: typically, thirty to sixty days for a long-term lease, or shorter for health or safety issues. For criminal activities, the lease may be terminated immediately.

In Mississippi, landlords have specific obligations under the law (Miss. Code Ann. § 89-8-9, § 89-8-13). If a tenant materially fails to comply with the rental agreement, the landlord can terminate the tenancy after giving written notice, allowing a reasonable time to remedy the breach. If the breach is not fixed, the landlord can proceed with eviction. However, if the breach is caused by the landlord's actions or negligence, the landlord cannot terminate the lease.

Neighbors cannot sue a landlord for not terminating a lease unless there is a clear violation of the law or lease agreement that directly affects them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a neighbor is harassing you, it may not automatically allow you to break your lease. You should document the harassment and report it to your landlord. If the harassment constitutes a breach of your lease or creates an unsafe living environment, you may have grounds to terminate the lease. Consult local laws and consider seeking legal advice for your specific situation.