Mississippi

Mississippi Landlord Tenant Key Rules

Official Mississippi Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute. Common practice is anywhere between 1-2x monthly rent.
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	Within 45 days of tenancy terminating. Miss. Code § 89-8-21(3)
Permitted Uses of the Deposit:	Unpaid rent, damages beyond ordinary wear and tear, cleaning, other reasonable expenses. Miss. Code § 89-8-21(3)
Security Deposit can be Withheld:	Yes Miss. Code § 89-8-21(3)
Require Written Description/Itemized List of Damages and Charges:	Yes Miss. Code § 89-8-21(3)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	$200 fee + damages Miss. Code § 89-8-21(4)

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute. Generally at the beginning of the month or term of lease
Payment Methods:	No statute
Rent Increase Notice:	No statute. Common practice is 30 days notice.
Late Fees:	No statute. Usually needs to be stated in the lease.
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute
Tenant Allowed to Repair and Deduct Rent:	Tenant allowed to repair and is entitled to reimbursement if landlord doesn’t comply with notice within 30 days. Miss. Code § 89-8-15
Self-Help Evictions:	No statute, but it’s usually not allowed.
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	If it’s a fixed-term tenancy, it simply expires and notice isn’t required. If it’s year-to-year, 2-month notice required. Miss. Code § 89-7-23
Notice to Terminate a Periodic Lease – Week-to-week:	1-week notice Miss. Code § 89-7-23
Notice to Terminate a Periodic Lease – Month-to-Month:	1-week notice Miss. Code § 89-7-23
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	3-day notice Miss. Code § 89-7-27(second)
Notice for Lease Violation:	14-day notice Miss. Code § 89-8-13(3)
Required Notice before Entry:	No statute. Generally a 24-hour notice is required
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Generally a 24-hour notice is required
Emergency Entry Allowed without Notice:	No statute. Generally no notice is required in the event of an emergency.
Entry Allowed During Tenant’s Extended Absence:	No statute. Usually it’s allowed
Entry Allowed with Notice for Showing the Property:	No statute. Generally a 24-hour notice is required
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	No statute. Usually it’s not allowed
Utility Shut-offs Allowed:	No specific statute. However, landlord has a duty to maintain premises in habitable conditions. Miss. Code § 89-8-23
Electronic Notices Allowed:	Yes, if previously agreed to in the lease. Miss. Code § 89-7-27(third)

Disclosures

• Name and Addresses: Must provide name and address of landlord or manager. (Miss. Code Ann. § 89-8-13)
• Copy of the Lease: Required to give a copy of the rental agreement. (Standard practice)
• Domestic Violence Situations: No specific provision in state law; may rely on federal protections.

Duties

Landlord’s Duties

• Compliance: Follow housing and safety codes. (Miss. Code Ann. § 89-8-23)
• Repairs: Maintain habitable condition. (Miss. Code Ann. § 89-8-23)
• Common Areas: Keep safe and clean. (Miss. Code Ann. § 89-8-23)
• Maintenance: Ensure all systems work. (Miss. Code Ann. § 89-8-23)
• Garbage: Provide facilities. (Miss. Code Ann. § 89-8-23)

Tenant’s Duties

• Cleanliness: Maintain clean space. (Miss. Code Ann. § 89-8-25)
• Trash: Dispose properly. (Miss. Code Ann. § 89-8-25)
• Plumbing: Keep fixtures clean. (Miss. Code Ann. § 89-8-25)
• Appliances: Use reasonably. (Miss. Code Ann. § 89-8-25)
• Damage: No damage or neglect. (Miss. Code Ann. § 89-8-25)
• Quiet Enjoyment: Respect neighbors. (Miss. Code Ann. § 89-8-25)
• Subleasing: Subject to lease. (Lease-specific)
• Retaliation: Not permitted. (Miss. Code Ann. § 89-8-17)
• Lead Disclosure: Federal law.