The Mississippi sublease agreement allows an existing tenant to rent (“sublease”) rental property to a new tenant (“sublessee”). In exchange, the sublessee makes regular payments that relieve some or all of the initial tenant’s obligations under their original lease. The landlord must give permission for this contract.
If permitted by the rental agreement or if a tenant gets written authorization from a landlord, a tenant may assign all or part of their rights, along with all or part of their obligations in the rental agreement, to another person who becomes a sublessee. The original tenant usually remains fully responsible for the terms and conditions in the rental agreement and is responsible for anything that happens or any problems caused by the sublessee. The sublessee is also responsible; however, the original tenant is ultimately responsible if the sublessee fails to perform properly.
The landlord must be aware and approve of the sublessee; however, the landlord does not necessarily need to have a direct relationship with the sublessee. It is optional if the landlord wants to directly contract with the sublessee along with the original tenant.
In essence, the original tenant becomes the sublessor to the sublessee and takes on the position that is similar to being the landlord.
Subletting Laws in Mississippi
The state of Mississippi does not have any specific laws regarding subletting. The rental agreement establishes the terms about subletting or they are established by a separate written agreement with the landlord. Some rental agreements expressly prohibit subletting.
If subletting is allowed, a landlord cannot unreasonably refuse a sublessee except for these reasons:
- The sublessee does not pass a background and credit check. Be sure to get the sublessee’s written permission to run this check.
- The proposed use of the property by the sublessee is not allowed in the rental agreement or the nature of the occupancy is not compatible with other tenants.
What to Include in a Mississippi Sublease Agreement
A sublease includes the specific terms and conditions of the sublease agreement between the sublessor and the sublessee. It may or may not also involve direct participation in the sublease agreement by the landlord; however, the landlord must be aware of and approve of the process.
The sublease agreement states the terms of the rental to the sublessee. It states whether the sublease is for the full rental unit or a portion thereof. If it is only for a portion of the rental unit, it may state how the utilities or other expenses will be shared.
The sublease should refer to the original lease and include its terms and conditions by reference to the original “master” lease in the sublease agreement as well as include a full copy of the original lease as part of the entire sublease agreement.