How to Transfer a Lease to a New Tenant in Mississippi

Transferring your lease to a new tenant—also called a "lease assignment" or a "sublease"—can be a practical solution if you need to move out before your rental agreement ends in Mississippi. Understanding your rights, your landlord's involvement, and the correct steps under Mississippi law can help you avoid costly mistakes or legal disputes.

Understanding Lease Transfers in Mississippi

There are two main ways to let someone else take over your rental if you need to leave before your lease ends:

• Sublease: You remain responsible under the lease, and the new tenant pays you or the landlord directly.
• Lease Assignment: You fully transfer your legal interest in the lease to a new tenant, who takes over all rights and responsibilities.

Mississippi law does not automatically grant renters the right to sublease or assign their lease. Check your lease: many leases require written landlord permission for either option.^[1] If your lease is silent, you still must obtain permission, as most landlords expect to approve any new tenant moving in.

When and How to Request a Lease Transfer

Notify your landlord in writing as soon as possible if you want to transfer your lease. This not only helps maintain a positive landlord-tenant relationship but is usually required under your rental agreement.

Submitting a Lease Assignment or Sublease Request

• Review your lease contract for any specific instructions or forms.
• Write a letter requesting permission to sublease or assign the lease, including reasons and the proposed new tenant’s contact information.
• The landlord may require the new tenant to complete an application and pass a background check.

Mississippi does not have a statewide official lease transfer form, but below are helpful template guidelines:

• Mississippi Bar Landlord/Tenant Information: Includes general guidance.
• If your city or local public housing authority offers official forms, check their websites or contact them directly for city-specific requirements.

Once your landlord approves, get any agreement in writing, signed by all parties.

Important Considerations Before Transferring Your Lease

• Continuing Liability: In a sublease, you may still be responsible for unpaid rent or damages if the new tenant fails to pay.
• Landlord Approval: Most landlords have the right to reasonably refuse a proposed new tenant (for example, based on credit or references).
• Document Everything: Keep proof of your request, landlord permission, and any agreements with the new tenant.
• Security Deposit: Your landlord may keep your security deposit until the end of the original lease, even after transfer. Work out with the new tenant how deposits are handled.

The Role of the Mississippi Residential Landlord-Tenant Act

Mississippi’s Residential Landlord and Tenant Act primarily governs landlord and tenant responsibilities and rights.^[1] While this act outlines general duties and remedies, lease transfer terms are typically controlled by your written agreement.

If you’re unsure about your lease’s transfer provisions, ask your landlord for clarification, or seek legal advice before committing to a sublease or assignment.

What If Your Landlord Refuses?

• If your lease prohibits subletting or assignment, your landlord can legally refuse your request.
• If the lease is silent, a landlord’s refusal must generally be reasonable—but it’s always best to try to reach an agreement.

Official Authority for Tenancy Disputes in Mississippi

Mississippi does not have a dedicated housing tribunal. Rental disputes may go through your local county court judicial system.

Action Steps: How to Transfer Your Lease in Mississippi

• Check your lease agreement for any subleasing or assignment clauses.
• Notify your landlord in writing, requesting permission and providing details about the new tenant.
• Have the new tenant fill out any required applications.
• Get written consent from your landlord before the new tenant moves in.
• Document the agreement and clarify handling of the security deposit and future rent responsibility.

Following these steps ensures both your rights and your landlord’s rights are protected during the process.

Frequently Asked Questions

1. Can I transfer my lease to someone else in Mississippi without my landlord’s permission?
   No. Mississippi law requires landlord permission unless your lease says otherwise. Always get written approval before proceeding.
2. What happens if the new tenant damages the property after a sublease?
   As the original tenant, you may still be responsible for any damages if you sublet and stay on the lease. Make sure the sublease agreement covers potential issues.
3. Can my landlord charge a fee for lease assignment?
   Landlords may charge reasonable administrative fees or require the new tenant to pay an application fee, if specified in your lease.
4. Is there a government form for transferring a lease in Mississippi?
   Mississippi does not provide an official state lease transfer form. Use a written agreement and check with your landlord or local housing authority for any required documents.
5. Where do I go if there is a dispute over my lease transfer?
   Disputes may be handled by your county civil court. The Mississippi Bar can provide further resources and referral to legal help.

Conclusion: Key Takeaways for Mississippi Renters

• You generally need landlord approval to transfer or sublet your rental in Mississippi.
• Document every part of the process and use written agreements.
• For serious issues or disputes, local courts or the Mississippi Bar can offer guidance.

Transferring your lease is possible in Mississippi, but knowing the steps and your responsibilities is essential to avoid legal problems.

Need Help? Resources for Renters

• Mississippi Bar Landlord/Tenant Information – Legal resources and advice for renters.
• Mississippi Residential Landlord and Tenant Act – Current tenancy legislation.
• Mississippi County Courts – Where rental disputes or legal actions may be filed.
• Your local public housing authority may have additional resources or city-specific forms.

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1. Mississippi Residential Landlord and Tenant Act

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