Is a Lease on a House Valid if it Has No Guarantor or Security Deposit

[NeedingL3galAdvice]

My question involves landlord-tenant law in the State of: Mississippi

Hi I am in college in Mississippi and I am trying to figure out if a leasing contract is binding and legal if I haven't paid my security deposit and my parents haven't signed the guarantor.

I am trying to get out of my contractual lease by getting someone to sublease but my roommate refuses to allow me to sublease and my landlord stated she cannot and will not force my roommate to approve a sublease even if her she has no solid reason. What is the best way to plead my case with the landlord or try to get out of my lease?

[adjusterjack]

Hi I am in college in Mississippi and I am trying to figure out if a leasing contract is binding and legal if I haven't paid my security deposit and my parents haven't signed the guarantor.

It's binding. That the landlord didn't get a deposit or a guarantor doesn't change anything. You signed it, you've lived there, you've performed under the contract and so has the landlord by allowing you to live there in exchange for the rent you pay.

Even if, by chance, you didn't even sign the lease, the rental agreement would still be binding because the MS landlord tenant statute defines Rental Agreement as "all agreements, written or oral."

http://law.justia.com/codes/mississi...ection-89-8-7/

I am trying to get out of my contractual lease by getting someone to sublease but my roommate refuses to allow me to sublease

Roommate has no legal obligation to allow it.

my landlord stated she cannot and will not force my roommate to approve a sublease even if her she has no solid reason.

Landlord is within her rights not to get involved in the petty squabbles of roommates. Doesn't need a reason.

What is the best way to plead my case with the landlord or try to get out of my lease?

Offer money and buy your way out.

Or, just pack up and leave and accept the long lasting financial consequences of a lawsuit, judgment, trashed credit, wage garnishment.

Otherwise you are stuck with the bargain you made when you decided to take the place.

[NeedingL3galAdvice]

Would it make a difference if the leasing term has not began and I haven't moved in?

I haven't actually moved in yet. I am not a minor but the lease does not begin for 3 more months and its a 12 month lease

[jk]

Does your lease state it is not valid unless the deposit is paid?

does your lease speak to subleasing at all?

does your lease speak to an assignment or the lease in any way?

if the lease does not prohibit subleasing or assignment or restrict it, then the landlord or other tenant could not prevent a sublease or assignment. If there are stipulations in place regarding subleasing or assigning the lease, then you must abide by those stipulations.

[Mr. Knowitall]

When subleasing is allowed, both the landlord and the remaining tenant may reasonably reject proposed alternative tenants. Also, most potential replacement tenants are likely to quickly lose interest if the tenant who remains in residence seems hostile to their presence.

If it is the roommate's fault that a replacement tenant is not brought into the unit, despite the proposal of at least one suitable replacement tenant, then the roommate who vacates can attempt to use that fact as a defense if sued for a percentage of the rent after moving out. However, the remaining roommate's behavior has no impact on the landlord's right to collect rent, so if the remaining roommate defaults the tenant who vacates can be pursued by the landlord for any money owed.

[adjusterjack]

Would it make a difference if the leasing term has not began and I haven't moved in?

I haven't actually moved in yet. I am not a minor but the lease does not begin for 3 more months and its a 12 month lease

You should have given that information at the beginning. The information you get here is only as good as the information you give. Garbage in, garbage out.

[NeedingL3galAdvice]

You should have given that information at the beginning. The information you get here is only as good as the information you give. Garbage in, garbage out.

I apologize for not providing that information sooner. However, please let me know if and how this can make a difference.

When subleasing is allowed, both the landlord and the remaining tenant may reasonably reject proposed alternative tenants. Also, most potential replacement tenants are likely to quickly lose interest if the tenant who remains in residence seems hostile to their presence.

If it is the roommate's fault that a replacement tenant is not brought into the unit, despite the proposal of at least one suitable replacement tenant, then the roommate who vacates can attempt to use that fact as a defense if sued for a percentage of the rent after moving out. However, the remaining roommate's behavior has no impact on the landlord's right to collect rent, so if the remaining roommate defaults the tenant who vacates can be pursued by the landlord for any money owed.

My roommate has explicitly told me that she will refuse any sublease and that she is not willing and will not meet or speak to any potential sublease-ers of my lease. I understand that she has a right to refuse a sublease but is there anything I can do in this situation?

[Catmad]

Are there separate bedrooms, or is this a true "roommate" situation?

[NeedingL3galAdvice]

It's separate bedrooms and bathrooms!