evicting a mtm roommate

[TaxiDriver]

What is the name of your state? Mississippi

Let's assume I have a written lease with my landlord for a 2br apt, and was given permission to sublease a room to a roommate, who would be my tenant and consider me his landlord. There is no written lease involving this roommate; we have an oral mtm agreement for each 3rd of the month, to allow for some kind of fixed income payments that don't always arrive in time to cash by the 1st. The roommate was given written notice to vacate by the end of his next month of tenancy, it was dated Feb 2nd and was signed by both the roomie/tenant and the roomie/landlord. In my research I found this section:

"SEC. 89-7-25. Tenant holding after notice liable for double rent.

When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which
he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the giving of notice could be; and double rent shall continue to be paid during all the time the tenant shall so continue in possession."

I haven't given any further notices yet because I wanted to be lenient, but he hasn't been here in a few days, so I would like to go ahead and do what's necessary to be able to change the locks and put his stuff in storage. Soooo, here are the questions:

Am I correct in assuming that I have 2 choices - 1=allow him to continue living here for double rent(if he comes back), or 2=evict

If I choose to evict, does he owe double rent before he gets his stuff back?

Since there is no written lease and I have the signed notice do I even have to do all of this or can I just change the locks?

Thanks in advance, and any advice will be greatly appreciated.

 

[TaxiDriver]

Is this one too hard for you guys to answer?

 

[HomeGuru]

What is the name of your state? Mississippi

Let's assume I have a written lease with my landlord for a 2br apt, and was given permission to sublease a room to a roommate, who would be my tenant and consider me his landlord. There is no written lease involving this roommate; we have an oral mtm agreement for each 3rd of the month, to allow for some kind of fixed income payments that don't always arrive in time to cash by the 1st. The roommate was given written notice to vacate by the end of his next month of tenancy, it was dated Feb 2nd and was signed by both the roomie/tenant and the roomie/landlord. In my research I found this section:

"SEC. 89-7-25. Tenant holding after notice liable for double rent.

When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which
he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the giving of notice could be; and double rent shall continue to be paid during all the time the tenant shall so continue in possession."

I haven't given any further notices yet because I wanted to be lenient, but he hasn't been here in a few days, so I would like to go ahead and do what's necessary to be able to change the locks and put his stuff in storage. Soooo, here are the questions:

Am I correct in assuming that I have 2 choices - 1=allow him to continue living here for double rent(if he comes back), or 2=evict

If I choose to evict, does he owe double rent before he gets his stuff back?

Since there is no written lease and I have the signed notice do I even have to do all of this or can I just change the locks?

Thanks in advance, and any advice will be greatly appreciated.

**A: read your first 2 words. I respond to facts posted and not presumptions, assumptions, "I think", "I heard", what if's, "once upon a time" "in a castle far far away", etc.

 

[HomeGuru]

Is this one too hard for you guys to answer?

**A: of course not.

 

[TaxiDriver]

**A: read your first 2 words. I respond to facts posted and not presumptions, assumptions, "I think", "I heard", what if's, "once upon a time" "in a castle far far away", etc.

HomeGuru you respond to anything that gives you an opportunity to insult someone less priviledged than yourself. You really should do something about your attitude problem before you give yourself an ulcer!

If anyone can help me I would greatly appreciate it. Please forgive me for using the wrong phraseology. I guess I should have said "Ok first I will describe the details of the living arrangements so that you will know the background information," but I had wanted to avoid verbiage. Again, thanks in advance to anyone who is actually here to help. =)

 

[Who's Liable?]

I have to agree with HomeGuru on this one... We need facts, not presumptions...

but if that is all you are going to give us:

I think you should read your states Landlord Tenant Laws.

 

[TaxiDriver]

For the love of Christ, can we get past the first two words?! This is not a hypothetical. I should not have used the word "assume." OK? I need to get rid of my roommate. He is not on a lease with me. He signed a paper agreeing to terminate tenancy on a date already passed. What facts am I not supplying? Please tell me what else I need to do to deserve to be answered. I can be patient.

 

[truth_seeker]

Taxi - In the few days I've been following this website, I've noticed that most of the advice dispensed here is simply canned answers from self-important people. Many of the regulars on this site are not very helpful. I don't know why they waste their time responding. It's too bad that the best answer offered is 'read your state laws'. If we had easy access to that info, we wouldn't be posting here. I am a LL, and I posted a problem a few days ago and did get 1 good response, but a lot of these regulars just ignored it. I'm sure they read my question, but for whatever reason, chose not to respond. Maybe it was too hard for them, or maybe I made a spelling error that put them off. I ended up talking to a college instructor, and found out that my school offers free legal advice to students. So, I will be taking advantage of that. Maybe that is an option for you. If not, you can probably call your State's Attorney and see if they can give you some answers, or refer you to some sort of free legal service in your area. There's got to be a better place than this site to get some input on these matters. The reason why people post here is to get 'free legal advice'. If they had money, they'd go ahead and hire a lawyer. It's too bad that so many of the users don't seem to support that aim.

 

[laidback]

here's a good site I found

I came upon it while trying to digest.

http://www.thelpa.com/lpa/lllaw.html
*
It's A Landlord Tenant Law - State by State

Landlord and Tenant legal disputes are inevitable
The Landlord Protection Agency recommends you seek an attorney's advice before beginning legal action.

DISCLAIMER: The information posted here is believed accurate and has been provided by various web sites that are not affiliated with The Landlord Protection Agency. We recommend that the information be confirmed with a local legal resource.
Although these links are provided as a service to you, we do not endorse the information that you are viewing. It should be confirmed by an attorney.

Like their disclaimer? They offer lists of Lawyers for hire too. (whadaya want for nothin?)

I read & posted here a while back, had to deal with some family emergency & hope I can come up with a solution to my problem soon also. I just have to find where I left off first.

There's a few here that do help, as little as I remember what help they provided, it was kept simple & some responses were direct & to the point. Even the cut & paste guru tries sometimes. Maybe try to pose yourself as a damsel in distress

 

[SkeeterBug]

I can understand

I can understand your frustration with others here. I cannot seem either to get a question answered because of a dingy, no good skum sucking landlord. first thing is If I were you I would give him a eviction notice then if he doesn't leave then file one in court. I would be careful on everything you do because you don't want to give him a reason to sue. go to this website there is lots of people there that can give you good advice http://www.mrlandlord.com. there is links there also but if I were you I would go there and post a question on their forum. goodluck