Mississippi Landlord Tenant Laws

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

  • There is no limit on security deposits in Mississippi. Standard practice is to collect 1-2 months worth of rent.
  • Landlords have 45 days to return the deposit after move out.
  • Landlords can deduct repairs beyond normal wear and tear, unpaid rent and utilities, and fees for early termination or cleaning.
  • Landlords must provide and itemized list of any deposit deductions.
  • Landlords are not required to pay interest.

RENT CONTROL

  • Rent control is banned in Mississippi.
  • Landlords should give 'reasonable' notice when increasing rent.

NOTICE OF ENTRY LAWS

  • Landlords must give 'reasonable' notice before entering an occupied dwelling.

RE-KEYING LAWS

  • No statute.

RENTAL AGREEMENT

  • Both written and oral lease agreements are allowed in Mississippi.
  • It is always advisable to put the lease in writing.

LATE FEES & GRACE PERIODS

  • There are no limits on late fees under Mississippi law.
  • There is no mandatory grace period.

SMOKING LAWS

  • No statute.

PET LAWS

  • Landlords in Mississippi are allowed to collect an additional pet deposit.

SECTION 1

Mississippi Landlord-Tenant Rights and Responsibilities

All residential lease or rental agreements entered in Mississippi are subject to the rights, obligations, and remedies set forth in the state's "Residential Landlord and Tenant Act."

Below is an overview of some of the rights and responsibilities of both landlords and tenants in Mississippi.

Tenant’s Rights and Responsibilities

Rights

Mississippi law grants tenants several basic rights to guarantee tenant safety and legal protection during their lease. Below are a few of their rights:

  • The right to reside in a rental home that complies with local health and safety regulations and is secure and livable.
  • The right to obtain repairs completed within 14 days of giving written notification to the landlord
  • The right to pursue legal recourse through a lawsuit or break the lease agreement should the landlord neglect to fix the issue.

Responsibilities

While renting a home in Mississippi, tenants have responsibilities to attend to, including:

  • Paying rent promptly
  • Maintaining the apartment in a livable and safe state.
  • Preserve the cleanliness of the rental areas, plumbing fixtures, and other appliances.
  • Not annoying other tenants or neighbors.
  • Not doing anything unlawful while on the rental property.
  • Not intentionally harm any area of the rented property.  

Landlord’s Rights and Responsibilities

Rights

Like renters, landlords in Mississippi also enjoy several fundamental rights that enable them to run a profitable rental business while shielded from potential legal challenges. Some of these rights include:

  • The right to collect rent when it's due
  • The right to request and receive security deposits from tenants to cover eventual expenses such as damage beyond typical wear and tear.
  • The right to pursue the formal eviction of a tenant for violating the terms of the rental agreement

Responsibilities

Additionally, Mississippi rental owners have responsibilities to fulfill to guarantee a smooth tenancy and a secure, livable environment for tenants. Some of their major responsibilities include:

  • Providing renters with a rental property that complies with fundamental health and safety standards.
  • Fixing issues within 14 days of receiving a written notice from a tenant
  • Returning the security deposit to the tenant within 45 days of the lease's expiration.

Required Notices Before Entry

Are landlords in Mississippi required to give notice before entering the property?

Mississippi doesn’t have specific state regulations around the required notice period before entering a property. However, unless there is an emergency, the landlord should give the renter a ‘reasonable’ notice in writing, including the date and time of the entry. ‘Reasonable notice’ is normally considered to be 24 hours or more.

Are landlords in Mississippi allowed to enter the property to conduct maintenance and repairs?

When it comes to making repairs, showing the property to potential tenants or buyers, or in the event of an emergency, the landlord may enter the rental property with the tenant's permission or for particular purposes specified in the lease agreement or state legislation.  

Late Fee for Rent and Grace Periods in Mississippi

There's no provision under Mississippi law that limits late fees for rent in Mississippi.

Additionally, there is no mandatory rent grace period in Mississippi. However, landlords can choose to apply a grace period in the lease agreement.

Source: Cur-RENT Law for Tenants and Landlords | The Mississippi Bar, Residential-Landlord-and-Tenant-Act.pdf | Attorney General Lynn Fitch

SECTION 2

Mississippi Rent Increase Laws

There are no restrictions on how much a landlord can raise rent in Mississippi. However, renters are required to receive adequate notice (at least thirty days) of the increase from the landlord before the rent increase.

Additionally, the notice must be written, specifying the increased rent amount and the effective date of the increase.  

Source: Landlord-Tenant Law in Mississippi | MSLegalServices.org

Does Mississippi have Rent Control Laws?

No. There are no rent control laws in Mississippi. In fact, according to Miss. Code. Ann § 21-17-5(2)(h), the governing authorities of municipalities in Mississippi are not authorized to regulate the amount of rent charged for leasing private residential property, either directly or indirectly unless there is prior legislative approval. This effectively means rent control measures are banned in the majority of Mississippi.

Landlords should, however, abide by best practices and keep rents in line with fair market rates.

Notice Required to Raise Rent in Mississippi

Mississippi law does not define how much notice landlords need to give before increasing the rent. This doesn’t mean that landlords can raise the rent whenever they want.

For fixed-term leases, landlords cannot increase the rent mid-term unless the lease agreement specifically permits it.

For shorter term leases, landlords should abide by best practices which means giving their tenants a reasonable amount of notice before any rent increase. A reasonable notice period is considered to be equivalent to the duration of the lease period. For example, for a month-to-month lease, you would give at least thirty days' notice.

Limitations to Mississippi Rent Increase Laws

The following circumstances prohibit landlords from raising rent under Mississippi law:

  • The federal Fair Housing Act forbids landlords from discriminating against protected classes by raising rent.
  • If a tenant complains about unsafe living conditions or exercises a legal right, the landlord cannot increase rent in reprisal.
  • It is not permissible for Mississippi landlords to increase rent mid-lease unless the agreement expressly permits it.

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SECTION 3

Mississippi Rental Agreement Laws

The lease agreement is an essential document in any rental arrangement. It outlines the terms and conditions of the lease, including the rent amount, payment due date, deposit amount, length of the lease, maintenance responsibilities, and rules and regulations.  

Source: Lease Forms: Michael Watson Secretary of state | Michael Watson Secretary of state (.gov)

Are Oral Lease Agreements Allowed In Mississippi?

According to Mississippi law, both oral and written lease agreements are recognized, but it is always preferable to have a written lease agreement that is signed by both parties.

What Should Be Included in a Mississippi Lease Agreement?

Here are some of the key components that should be included in a Mississippi lease agreement to ensure a smooth and fair rental experience for all parties involved.

  • Details of both parties involved.
  • Description of the property and relevant disclosures
  • The lease terms and conditions
  • Details concerning rent and security deposit(s)
  • Both parties’ responsibilities concerning maintenance and repairs
  • Details about available utilities and services, with both parties’ responsibilities concerning maintenance.
  • Conditions surrounding early termination and lease renewal
  • Additional clauses regarding rent increase, subletting, property use, renovation and alterations.

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SECTION 4

Mississippi Tenant Deposit Laws

What Is The Maximum Security Deposit Limit In Mississippi?

There is no limit on security deposits in Mississippi. However, while the state does not cap security deposit amounts, it's common practice for landlords to charge the equivalent of one to two months' rent as a security deposit. This amount is deemed reasonable to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant.

Are Pet Deposits Allowed In Mississippi?

Yes. Landlords in Mississippi are allowed to collect an additional pet deposit.

Tenants with service dogs and emotional support animals are exempted from these charges.

What Can Landlords Deduct From The Security Deposit In Mississippi?

Landlords have the right to retain all or part of a security deposit to cover nonpayment of rent and any additional property upkeep beyond typical wear and tear connected with a rental.  (Miss. Code Ann § 89-8-21(3))

Do Landlords Need To Provide An Itemized List Of Deposit Deductions in Mississippi?

For any deductions made, landlords must deliver an itemized list of deductions detailing the expenses and how the security deposit is being used. (Miss. Code Ann § 89-8-21(3) and Miss. Code Ann. § 89-7-125)

How Must Landlords Hold Security Deposits In Mississippi?

In Mississippi, there are no legal requirements for how a landlord can keep a security deposit. Storing a security deposit may depend on the county, city, or area laws.

Nonetheless, in order to guarantee that security deposits are stored correctly and kept up to date during tenancy, landlords can adhere to best practices by avoiding any comingling of funds, and instead retaining the security deposit in a separate escrow account.

How Long Do Landlords Have To Return Security Deposits In Mississippi?

After the end of the lease, landlords in Mississippi have 45 days to return the security deposit to the tenant. (Miss. Code Ann § 89-8-21(3)).

According to (Miss. Code Ann § 89-8-21(4)), a landlord shall pay a fine of not more than $200 in addition to any additional damages that may be applicable if they fail to return a tenant's security deposit within the designated time frame. This fine can also be applied if they fail to give the tenant an itemized list for any reason other than good faith.

Do Landlords Need To Pay Interest On Security Deposits In Mississippi?

Landlords in Mississippi are not required to reimburse renters for interest accrued on the security deposit during the term of the lease.  

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SECTION 5

Mississippi Eviction Process and Law

Both landlords and tenants in Mississippi are required to abide by a clear set of regulations during evictions. The Mississippi Landlord and Tenant Act, Title 89, Chapter 8, outlines the mechanics of the eviction process and the rights of each party, and provides a list of feasible remedies.

Grounds for Eviction in Mississippi

According to Mississippi's eviction laws, landlords can only start the eviction process when there are legitimate legal grounds. Here are some typical reasons for eviction in Mississippi:

Non-Payment of Rent

One of the most frequent grounds for eviction is not making rent payments by the deadline. In Mississippi, the initial step for nonpayment of rent is usually a 3-day eviction notice. This gives tenants a short window of time to pay their debts before facing more serious legal action.

Lease Agreement Violations

Tenants are required to follow the conditions outlined in their lease agreements. This covers clauses such as maintaining the rental property clean and livable, preventing damage to the property beyond natural wear and tear, abstaining from unlawful activity on the property, and respecting occupancy restrictions.

Mississippi law mandates that landlords provide tenants with a "14-day notice to remedy or quit" in the event that they breach any of the terms of the lease. The tenant has 14 days from the date of this notification to resolve the matter and fix the infraction.

In the event that the issue doesn't get resolved within 14 days, the landlord has the right to start the eviction process.

Illegal Activities

There is zero tolerance for unlawful activity on rental properties under Mississippi's eviction rules. Suppose a renter is discovered to be involved in drug sales, violent crimes, or other illegal activities. In that case, the landlord may proceed with an immediate eviction without giving the tenant a chance to make things right. These regulations are firmly rooted in protecting and caring for landlords and tenants.

Holdover Tenants

"Holdover tenants" are those who stay on a property after their lease expires without a formal renewal arrangement. While Mississippi's eviction laws protect landlords in certain situations, properly reclaiming the property may require certain actions and notices.

Mississippi Eviction Notice

According to Mississippi law, landlords are required to provide them the appropriate kind of Mississippi eviction notice before they can start the eviction process. Failure to do so when evicting a renter comes at the risk of having the eviction reversed or having to wait a lot longer.

Below are the several notice options available to the landlord depending on the reason for eviction.

Termination For Non-Payment: 3-Day Notice to Pay or Quit

Tenants served with this kind of eviction notice have three days to either pay the overdue rent or vacate the property. Should the tenant fail to pay within these 3 days the landlord may begin eviction proceedings against the tenant. (§ 89-7-27).

Termination For Lease Violation: 30-Day Notice to Cure or Quit

Landlords may give tenants a 30-day notice to vacate for non-compliance if they break any of the provisions of the lease or fails to comply with their duties as defined in § 89-8-23 and § 89-8-25.

If the other tenant remedies the violation within a reasonable amount of time no more than 30 days from receipt of the notice, the lease will not terminate.

Termination For A 2nd Lease Violation: 14-Day Notice to Quit

If the same violation for which a 30-day notice was given happens again with six months of the initial 30-day notice a 14-day written notice may be given to terminate the lease (§ 89-8-13(3)). Tenants will have 14 days to vacate the property after receiving this notice, at which point they will have no choice but to do so.

Week-to-Week: 7-Day Notice to Quit

By giving the resident a seven-day notice, landlords that have periodic tenants who make weekly payments can terminate their agreement. The renter has a full week to vacate the premises as a result of this unequivocal offer. (§ 89-8-19(2))

Month-to-Month: 30-Day Notice to Quit

Month-to-month renters or those without a fixed lease can be evicted with 30-day Advance Notice to quit papers at any time without having to present a reason. This gives the landlord the authority to notify the renter that they have 30 days to depart the property or risk legal action.   (§ 89-8-19(3))

Mississippi Eviction Process

Landlords need to do the following actions in order to properly evict a renter in Mississippi using an eviction notice:

  • Step 1: Give the renter formal notice of the eviction along with the precise number of days' notice that they must comply with, along with a legally sound explanation for the eviction.
  • Step 2: The landlord may file a complaint with a local court and deliver a summons if the tenant disobeys the eviction notice.
  • Step 3: Both the landlord and the renter may present their case in court. The eviction can then proceed or not, depending on the ruling of the presiding judge.
  • Step 4: The owner may file a Writ of Execution with the court clerk if the tenant refuses to leave even after the judge rules in the landlord's favor.

Step 5: Following processing, the landlord can submit the Writ of Execution to the county sheriff. Following that, the tenant will have a brief window of time to vacate the property before facing an eviction by force.

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SECTION 6

Mississippi Rental Application Laws

Below are some of Mississippi's laws pertaining to application fees and tenant screening for rentals.

Maximum Application Fee Limits In Mississippi

In Mississippi, there is no legal restriction on the amount of money landlords can charge for applications. Usually, landlords charge between $40 and $60 to cover the application processing costs; these costs are non-refundable.  

Fair Housing Act In Mississippi

When screening potential tenants, Mississippi landlords must adhere to the standards of both federal and state anti-discrimination statutes.

Landlords cannot discriminate against tenants based on race or color, religion, national origin, age, familial status (including pregnant women and families with minor children), handicap or disability, or sex (including gender identity and sexual orientation) in accordance with the federal Fair Housing Act.

Rental application forms in Mississippi are not allowed to ask for any information that might be used to discriminate against prospective tenants.  

Tenant Screening Laws In Mississippi

Landlords are required to get written consent from the tenant before running a screening report on the tenant. With the tenant's written permission, landlords can then run background checks and ask necessary questions on the application. These investigations may include rental history, criminal history, and credit records.

Landlords are able to charge fair prices for these reports. They must, however, abide by HUD guidelines for the equitable use of criminal background checks. This entails steering clear of general policies that bar candidates with criminal records and only rejecting candidates if they endanger the property or the safety of others.

Rejecting an Application In Mississippi

Should the landlord use a screening report and/ or information from the tenant’s credit report to inform their final decision then, as per federal law (The Fair Credit Reporting Act) landlords are required to notify tenants if their application is denied. This notice is called an adverse action notice. In this notice, the landlord must inform the tenant of the following:

  • Their application was turned down.
  • The specific cause(s) for the rejection
  • Provide the name and email address of any credit reporting agencies that were consulted during the decision-making process.

What to Include In a Rental Application In Mississippi

To make the rental application process effective, here is a list of crucial requests to include in your Mississippi rental applications:

  • Personal information
  • Details about employment, such as the name of a current employer
  • Income details
  • Personal references
  • Credit history
  • Rental history
  • Space for signature granting written consent for a credit check

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SECTION 7

Mississippi Laws Around Breaking a Lease for Landlords and Tenants

Under the Mississippi Residential Landlord and Tenant Act, there are legal provisions that specify the precise circumstances in which a tenant may lawfully breach a lease, including dangerous living conditions or the landlord's neglect of required maintenance.  

Both parties are required to adhere to these provisions to guarantee a just and legal conclusion of the rental agreement. Additionally, tenants must follow the legal procedures for ending a lease, including providing adequate notice to the landlord when breaking a lease early.

Notice Requirements to End a Rental Lease in Mississippi

According to Miss. Code. Ann. § 89-8-19, these are the required notice periods for breaking a lease in Mississippi:

Legally Valid Reasons For Breaking A Lease In Mississippi

Here are some of the acceptable justifications that allow a tenant to break a lease without incurring penalties in Mississippi:

  • The tenant is a victim of sexual or domestic abuse.
  • The tenant is denied the right to a safe and habitable rental unit.
  • Landlords invade tenant’s privacy or harass them.  
  • The death of the tenant.
  • The lease is void, illegal, or unenforceable.
  • The tenant was subjected to retaliatory actions by the landlord after they exercised their rights, like calling for a repair or filing a complaint with the government.
  • The tenant has to relocate due to a permanent change of military station
  • There's a clause for an early termination in the lease agreement.

SECTION 8

Mississippi HOA Laws

Below is an overview of some Mississippi HOA laws that often apply to homeowners associations in the state:

Mississippi Nonprofit Corporation Act

HOAs in Mississippi are considered incorporated common interest groups. However, Mississippi does not have a specific state code that governs how they operate.

The Mississippi Nonprofit Corporation Act, found in Title 7 of Chapter 11 of the Mississippi Code, governs community associations since most of them, like most associations in West Virginia, have been organized as nonprofit organizations. (Mississippi Nonprofit Corporation Act)

Mississippi Condominium Law

Only condominiums, not homeowners associations, are subject to the Mississippi Condominium Law, which also regulates condominium administration, function, and authority.

It's important to note that in addition to the Nonprofit Corporations Act and the Condominium Law, there may be other state, municipal, and federal regulations that apply.

To make sure your HOA complies with these requirements, we advise seeking competent legal assistance. (Mississippi Condominium Law)

SECTION 9

Mississippi Squatters Rights Laws

Adverse possession is the legal form of Mississippi squatters' rights. Squatters who match specific criteria can legally acquire ownership of the property through adverse possession.

Requirements to Make an Adverse Possession Claim

To effectively submit an adverse possession claim in Mississippi, a squatter must meet the following criteria:

  • Hostile: It is necessary for the possession to occur without the landowner's consent, also referred to as a hostile claim.
  • Actual: Actual possession is required, which entails that the person is utilizing the land in a manner consistent with that of a landowner.
  • Exclusive: It is necessary for the possession to be exclusive in order to show that the possessor is not sharing control with anybody, particularly the legitimate owner.
  • Continuous: Mississippi Code Ann. 15-1-13 and 15 provide that the possession must be continuous for ten years.
  • Open and Notorious: Everyone, even the owner, must be able to tell that someone is in possession of the land based on how it is being used.

According to Mississippi law, an adverse possession claim may also include good faith and color of title. Color of title indicates that the owner has some supporting documents, even if it is incomplete, to substantiate their claim to ownership, whereas good faith indicates that the owner sincerely feels they have the right to the property.

SECTION 10

Mississippi Landlord Tenant Legal Resources

Below, you’ll find some helpful Mississippi landlord–tenant law resources:

Documents and Forms

Legal Resources

Mississippi State Agencies & Regulatory Bodies

Mississippi Housing Authorities

Mississippi REALTORS® Associations

Mississippi Landlord Associations

DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.