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bww · Sep 24, 2006, 07:48 PM

I have a house that I decided I needed to share by renting a room in the house. I had a roommate move in as the "Tenant" in my home and requested that they sign a lease for a 6 month lease. After three months, I have decided that this is not a compatible living situation. He has insulted or imposed on several people on the street, besides me, has lied about the dumbest things, such as pouring hot grease in the yard (which left an area of dead grass), cigarette butts everywhere, dinged up kitchen cabinets already, etc... These are incompatibilities but there have been numerous material breaches to the contract that he has signed such as neglecting to ever give me the deposit, breaching the no-pet clause by bringing in a hermit crab and breaching over and over the "...shall be occupied solely by...unless written permission is provided..." clause by bringing in very shady overnight strangers for trysts and bringing his FOUR unruly children for almost every single weekend for the last three months. I was told verbally that when he visited them, it would usually be in the town where they currently live with their mother. Am I responsible, as a Landlord/Roommate, for all Mississippi Landlord requirements regarding the breaking of a lease early? I have material breaches but I really do not think it will work, whether he pays the deposit, keeps his rent and utilities current, which he has not, and stopped bringing guests. What rights do I have?:confused:

excon · Sep 24, 2006, 08:08 PM

Hello bww:

You have rights under Mississippi landlord/tenant law. The ONLY option you have, is to evict him. You say he breached the lease, but you don't think it will work. Why? A breach, is a breach, is a breach.

File for an eviction. Document everything. Take pictures. Go to court. Get rid of him. Don't do that again.

excon

ScottGem · Sep 25, 2006, 06:25 AM

Since you were smart enough to go through the formality of a lease, then you created a landlord/tenant relationship. Since you have a 6 month lease there is only three months left. By the time you go through the eviction process, there may be only a month or two left. While he may be annoying, he may get more abusive if you take that tactic. I would simply inform him now (in front of witnesses or by certified letter) that you will not be renewing the lease and you expect him to move out on or before the lease expiration. If he refuses, then you have to go through eviction.

bww · Sep 25, 2006, 06:27 AM

I guess I want to know if I am obligated to go through formal eviction procedures if it is my private residence? I have given him a verbal 30 day notice and now will give him a written notice. I have no interest in him remedying the current breaches and then him staying through the remainder of the lease. Especially now that things are uncomfortable around the house. Is it better not to use a lease when it is your residence?

ScottGem · Sep 25, 2006, 06:54 AM

Again, you are a landlord. It matters not whether its your own residence or not. You are renting living space to someone else. That makes you a landlord, PERIOD. Whether you went formal and used a lease or not, doesn't change that. Using the lease is smarter because it spells out each parties responsibilities.

So the bottom line is, if he doesn't want to leave, you have to go through the formal eviction process. If you want him out before the lease expires, you have to go through the process. The only way to avoid it is if a) he voluntarily leaves or b) you allow him to stay until the lease expires and then he voluntarily leaves.