Grab your FREE Mississippi residential sublease agreement sample and read further about subletting laws in Mississippi, required disclosures, optional addendums and what other Mississippi landlord-tenant laws apply to residential sublease agreements.
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What is a Mississippi Sublease Agreement?
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 subtenant. A sublease agreement memorializes this arrangement between the landlord, the original tenant, and the subtenant.
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 subtenant. The subtenant is also responsible; however, the original tenant is ultimately responsible if the subtenant fails to perform properly.
The landlord must be aware and approve of the subtenant; however, the landlord does not necessarily need to have a direct relationship with the subtenant. It is optional if the landlord wants to directly contract with the subtenant along with the original tenant.
In essence, the original tenant becomes the sublessor to the subtenant 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 subtenant except for these reasons:
- The subtenant does not pass a background and credit check. Be sure to get the subtenant’s written permission to run this check.
- The proposed use of the property by the subtenant 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 subtenant. 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 subtenant. 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.