Are these clauses legal?

[TaxiDriver]

What is the name of your state?What is the name of your state? Mississippi

I'm thinking of moving to a different apartment, but a couple clauses in the prospective lease sound a little fishy, and I was hoping someone might be able to confirm or disconfirm the legality of these clauses.

12. Any violations of the terms of this Lease Agreement will constitute grounds for forfeiture of the damage deposit, termination of this Lease Agreement by Lessor, and eviction on 24 hours notice. Lessee specifically agrees to allow Lessor to re-enter and take possession of the leased premises without court order in the event that rents are not paid timely. Resident specifically waives any and all claims against Lessor arising out of the re-taking of the leased premises by Lessor, and agrees to hold Lessor harmless for any action taken by any other persons. Residents specifically agrees to give Lessor the right to seize any and all personal property and to sell the personal property to pay any unpaid rents or damages and Resident waives any and all rights to claim personal property as exempty from levy, execution, and sale. After re-entering and taking possession of the property, Lessor may take any other action or remedy for rent and/or re-let the same in order to mitigate the damages. It is understood and agreed between the parties that unless all other units in the complex are full, re-letting of the leased premises will not offset any rents due.

Maybe I misunderstand, but it sounds like this clause is trying to negate all the laws about the eviction process, and the last part sounds like "even if we mitigate losses by renting your unit, you will still owe rent."

17. Resident agrees to fully abide by all resident rules, whether or not the same are in effect at the time this Lease is signed, or come into effect at any later time. Said rules are made a part of this Lease by reference.

This one seems to say the landlord can change the lease at whim.

I am suspicious about signing this lease, but maybe I shouldn't be. An expert opinion or two (feel free to add the side of sarcasm heheh) would be greatly appreciated.

 

[treese]

The first clause the you mention sounds illegal and unenforcable. I would not agree to it. As per Sec. 89-8-5. Waiver in rental agreement

In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this chapter, except as otherwise provided by this chapter
(a) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or
(b) Agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord's willful misconduct or the costs connected therewith.


The second clause you mention regarding rules is covered by Sec. 89-8-11. Use and occupancy rules

(1) A landlord may, from time to time, adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(c) They apply to all tenants in the premises in a fair manner;

(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;

(e) They are not for the purpose of evading the obligations of the landlord.

(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement

 

[TaxiDriver]

Thanks for your reply. =)

 

[TaxiDriver]

As one might guess, it's still very hard to find an available apartment on the Gulf Coast. If the apartment with the funky clause is literally the only one around, and I decide to take it, what are the practical implications should I happen to violate the lease? Do you think this clause is just intended to scare tenants into good behavior, but the landlords know they could never really excercise the clause? Or maybe if they excercise it, I end up kicked to the curb minus some belongings, but would easily win if I sued for damages? This might be the only apartment available for hundreds of miles.