Mississippi Lease Agreements & Landlord-Tenant Law

As one of the most landlord-friendly states, Mississippi is an ideal state to invest in rental property. Paired with a lower than average home value and low cost of living, Mississippi should be on the list for anyone looking to expand their rental resume. It should also be on the list for anyone looking to relocate. This is a state with a rich history, geography, and quality of life.

Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Mississippi voting information.

Marketing. Applications. Leases. Payments.

Marketing. Applications. Leases. Payments.

Mississippi Renters’ Rights and Landlord Responsibilities

• Must return security deposit within 45 days
• No notice required before raising rent
• No notice required before entering the property
• Required to make repairs within 30 days

When it comes to Mississippi rental laws, there are a few specifics landlords need to know:

1. Security Deposit – Mississippi law does not limit the amount a landlord may charge for the security deposit. Landlords must return the deposit within 45 days of the tenant moving out.
2. Raising Rent – Landlords in Mississippi may increase the rent to any amount with no notice or justification.
3. Notice of Entry – Mississippi does not require any notice before entering the unit or property.
4. Repairs – Landlords must make repairs within 30 days of receiving written notice. If a landlord fails to make the repair within this period, the tenant may make the repairs themselves and deduct the cost from the future rent payment.

Mississippi Landlords’ Rights and Tenant Responsibilities

• Tenants have three days to pay rent after they receive a written notice
• Must give a 30-day notice before terminating a lease
• Tenants must keep the property clean and free from hazards

1. Overdue Rent – If a tenant fails to pay rent on time, the landlord must give them a notice and three days to pay. If the tenant fails to pay, the landlord may file for eviction.
2. Terminating a Lease – If a tenant needs to terminate a month-to-month lease, they must give the landlord a 30-day notice.
3. Tenant Responsibilities – Tenants are required to keep the property clean and not disturb neighbors.

Rental Application Fee

There are no additional rental application fee laws in Mississippi.

Criminal History Check

• HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately.
  • However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide and/or stalking, denying the application is allowed.

  Repairs

  Landlords must make repairs within 14 days.

  Lease Termination

  For a yearly lease, 60 days’ advance notice is required.

  For a month-to-month lease, 30 days’ advance notice is required.

  Rent Increase

  Landlords must provide 30 days advance notice of rent increases for month-to-month leases.

  Mississippi Lease Agreement Example

  There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Mississippi lease agreement listing details found in Section 1:

  Property Address:	1200 Broadway Ave. Unit #104 Jackson, MS 39201
  Lease Start Date	3/01/21	See section 1.5
  Lease End Date:	2/28/22	See section 1.5
  Total Monthly Rent:	$1,620.00	See section 1.6
  Monthly Base Rent:	$1,500.00	See section 1.6
  Monthly Pet Rent:	$120.00	See section 1.6
  Prorated Rent Amount:	$1,000.00	See section 1.10
  Total Deposit(s):	$1,500	See section 1.8
  Security Deposit:	N/A	See section 1.8
  Pet Deposit:	N/A	See section 1.8
  Other Deposit:	N/A	See section 1.8
  Total Non Refundable Fee(s):	$100.00	See section 1.9
  Move-in Fee: Description	$100.00	See section 1.9
  Late Fee:	5% if not paid by the 5th.	See section 2.1

  Mississippi Landlord-Tenant Law FAQ

  Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Mississippi:

  Can You Withhold Rent in Mississippi?

  Renters can withhold rent under the repair and deduct statute if a landlord fails to make necessary repairs.

  How Long Does it Take to Evict a Tenant in Mississippi?

  Evicting a tenant in Mississippi typically takes anywhere from two to eight weeks, depending on the reason for eviction.

  Is Mississippi a Landlord-Friendly State?

  Mississippi is considered one of the most landlord-friendly states because of the lack of rent control laws, the power landlords have to handle evictions, and the ability to set lease terms.

  What is the Eviction Process in Mississippi?

  There are four reasons a landlord may file for eviction in Mississippi. The four reasons include failure to pay rent, violation of the lease agreement, end of lease term, and safety violation. Depending on the violation, the landlord must give the tenant notice and anywhere from three to 14 days to cure their violation.

  If the tenant fails to cure or move out, then the landlord may file a complaint with the court, which costs $75. After the complaint is filed, it will be served to the tenant at least five days before the hearing. The hearing will be held five to ten days after the complaint is filed.

  If the court rules in favor of the landlord, then a writ of execution will be issued anywhere from a few hours to five days after the ruling. The tenant will have to move out within a time frame specified by the judicial officer upon being served the writ of execution.

  How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Mississippi?

  Landlords must give a 30-day notice before asking a tenant to vacate the property.

  Due Diligence and Mississippi Rental Laws

  

  TurboTenant has utilized many municipal sources and official state statutes to compile this information to the best of our ability. However, local laws are constantly in flux, and landlords and tenants alike should do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Mississippi. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

  Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws, and consult legal counsel should questions arise.

  

  Mississippi Landlord-Tenant Law Resources

  • Landlord Tenant Law – § 89-7
  • Residential Landlord and Tenant Act – § 89-8

  Mississippi Fair Housing Resources

  • Local Tenant Rights, Laws, and Protections: Mississippi – HUD
  • HUD in Mississippi
  • Discrimination in Housing – The Mississippi Bar