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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3423
Experience:  25 years of experience in general practice, real estate law and estate law.
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I need to evict my daughter, from a previous marriage, and

Resolved Question:

I need to evict my daughter, from a previous marriage, and her husband from my house in Flowood, MS. Where can I obtain an editable eviction notice to tailor to my needs and how long do I have to give them according to MS law? They claim to have a lease but that was so they could register their child in school and obtain government assistance. I signed no lease, the verbal agreement was that they were to pay all utilities, which are still in my name, associated with the house. Now I find out that they have sold some very valuable antique furniture at a garage sale they had that belonged to me. They have caused problems between my youngest daughter and me. They have stated in the lease that the utilities are included in the rent. They say the rent is $750.00 a month. I have not received that amount since they moved in at the end of Feb this year. All the utilities combined may come to $250.00 a month average. Can you help?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

There is no written, this was just a verbal agreement? Were they to pay any rent other than paying utilities?
Customer: replied 9 months ago.

As far as the verbal agreement no. But the lease they say they have says they are to pay $750.00 a month. They have destroyed the carpet in every room and even removed the carpet in the dining room without my knowledge.

Expert:  Attyadvisor replied 9 months ago.

If you never signed the lease that is not a valid lease. What was your agreement?

Customer: replied 9 months ago.

That they could live there as long as the utilities were paid by them and on time and until my divorce was settled. They said that if the house was awarded to me in my divorce which it has they would buy the house from me. Now they are saying they can't afford the house. I want to sell it and can't while they are there and causing further damage to the house.

Expert:  Attyadvisor replied 9 months ago.
I understand. Thank you for the clarification. In that case you would provide a 30 day notice.

The first step is providing the notice to quit. You would provide them with 3 day notice for failure to pay rent and a 3o day notice for violation of a lease term.

This links provides a free notice to quit

http://www.rocketlawyer.com/form/eviction-notice.rl

http://www.rocketlawyer.com/document/mississippi-eviction-notice.rl

You can provide the notice in the following manner;

1. Send the notice certified mail return receipt requested

2. Personally deliver the notice to someone over the age of 13 living in the house.


If they do not vacate you would need to file an eviction action with the court. A summons will be delivered to the tenants and they will receive a hearing date. The Judge would then order the eviction.

Do you think they will vacate per your notice or will you need to obtain a court order?

Customer: replied 9 months ago.

I am allmost certain they will want a court order

Expert:  Attyadvisor replied 9 months ago.
I am sorry that you are going through this with them!

This link outlines the steps

http://www.landlordguidance.com/eviction-notice-forms/mississippi-eviction/



The clerk of the court will have the forms for the summons and complaint.

A hearing date will be scheduled and the court will order the tenants to leave within a certain number of days. If they fail to leave at that point the Sheriff will remove them.

Please let me know if you have any additional questions for me withe regard to this matter. It would be my pleasure to continue to assist you.
Customer: replied 9 months ago.

I went to Rocket Lawyer and the form is not free.

Expert:  Attyadvisor replied 9 months ago.

 

The notice information did not edit properly, for non payment of rent you can provide anywhere from Three (3) to Thirty (30) days.

 

 

Rocket lawyer is part of this site and it is supposed to be free. Let me provide a few more links.

Customer: replied 9 months ago.

Thank you.

Expert:  Attyadvisor replied 9 months ago.

http://www.adaweb.net/Portals/0/CAO/documents/UD1ThreeDayNotice.pdf

3 Day Pay or Quit Notice

Date (dd/mm/yyyy): _______________

Tenant's Name: _________________________

Address of Rental Unit: ____________________________________________________________


This notice is to inform you that the rent payments are overdue for the above premises which you currently hold and occupy. The total amount of payable rent is $ __________.

Your rent payments for the following time periods are due and payable immediately:

Rental Period ______________________________ Rent Amount $ __________


You are hereby required to pay the rent owing in FULL within 3 THREE days. No partial payment of rent will be accepted.

If you fail to do so, legal proceedings will be instituted against you to recover the premises, the rent owing and any relevant damages as allowed by the law.

_____________________ Date ______________________________

Landlord

Let me know if the link works for you. Thank you.

 

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3423
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 2 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 9 months ago.
Good luck. Thank you for using JA!

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