Mississippi
A Mississippi lease agreement is a legally binding document between a landlord and a tenant, created in accordance with the state’s landlord-tenant laws. The landlord agrees to rent their property to a tenant for a fee, while the tenant agrees to the terms and conditions outlined in the lease.
SimpleBasicLease_Mississippi
Rental Lease Laws Overview
In Mississippi, there are no rent control laws in place. Landlords are not limited in the amount they can charge for late fees, and there is no requirement for late fees to be included in the rental agreement. Additionally, there is no grace period for late rent payments, and landlords do not need a license to operate.
Required Lease Disclosures
Landlords must disclose specific information when entering into a lease agreement. Notably, they are required to inform tenants about the presence of lead-based paint in residential properties constructed before 1978.
Security Deposit
Landlords in Mississippi can request any amount for a security deposit, as there is no legal limit. They are not required to provide receipts for the deposit or pay interest on it, nor must the deposits be kept in a separate bank account. Upon termination of the tenancy, landlords must return the security deposit within 45 days, minus any deductions for unpaid rent or necessary repairs. If any portion of the deposit is withheld, landlords must provide an itemized list of the amounts retained.
Rent Payments
Rent is due on the date specified in the lease agreement. Mississippi does not have statewide rent control, and there are no mandatory grace periods for late payments. While there is no cap on late fees, any charges must be reasonable and clearly stated in the lease. Tenants are not permitted to withhold rent unless it is for repairs, and they must have proper documentation to support such actions.
Landlord Right of Entry
Landlords are not required to provide notice before entering the property for maintenance or other reasons. They also cannot perform a “self-help” eviction by changing the locks on the tenant’s property.
Property Repairs
Landlords are responsible for making necessary repairs to keep the property in a habitable condition. If a landlord fails to make repairs within 30 days of receiving notice from the tenant, the tenant may make the repairs themselves and deduct the cost from the rent, with the deduction not exceeding one month’s rent. There is no specific state law that defines how long a tenant must be absent for the unit to be considered abandoned.
Terminating a Lease
For month-to-month tenancies, either party may terminate the lease with 30 days’ notice. If a tenant does not claim their property within 72 hours of a court-ordered move-out date, the landlord may possess or dispose of it without further notice.
Statutes
- Miss. Code § 15-1-29 – Limitations applicable to actions on accounts and unwritten contracts
- Miss. Code § 75-2A-506(1) – Statute of limitations
- Miss. Code § 97-19-75(5) – Bad check complaint procedures; restitution procedures
- Miss. Code § 89-7-23 – Notice to terminate tenancy
- Miss. Code § 89-7-27 – Nonresidential evictions; authorized in certain circumstances
- Miss. Code § 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security; disposition of tenant’s abandoned personal property
- Miss. Code § 89-8-15 – Repair of defects by tenant
- Miss. Code § 89-8-19 – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-19(2) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-19(3) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
- Miss. Code § 89-8-21(3) – Tenant’s security deposit
- Miss. Code § 89-8-21(4) – Tenant’s security deposit
- Miss. Code § 89-8-23 – Duties of landlord
- Miss. Code § 89-8-25 – Duties of tenant
- Miss. Code § 89-8-17 – Rights of landlord after expiration of rental agreement
- Miss. Code § 9-11-9 – Civil jurisdiction; pecuniary interest in outcome of action
- Miss. Code § 11-25-1 – In what cases a remedy
FAQs
In Mississippi, there is no limit on the amount a landlord can request for a security deposit. Landlords are required to return the security deposit within 45 days after the tenancy ends, minus any deductions for unpaid rent or repairs. If any portion is withheld, the landlord must provide an itemized list of the deductions.
Yes, in Mississippi, landlords are not required to give tenants notice before entering the property for maintenance or other reasons. However, they cannot perform a ‘self-help’ eviction by changing the locks without following proper legal procedures.
Mississippi does not have a cap on late fees for rent, but any charges must be reasonable and specified in the lease agreement. There is also no mandatory grace period for late rent payments, meaning tenants should pay rent on the agreed date.
If your landlord fails to make necessary repairs within 30 days of being notified, you have the right to make the repairs yourself and deduct the cost from your rent. However, the amount you deduct cannot exceed one month’s rent.
To terminate a month-to-month lease in Mississippi, either party must provide a 30-day notice to the other party. This notice should be given before the next rental payment is due.
No, Mississippi does not have statewide rent control laws. Landlords can set rental prices without any limitations imposed by the state.
Landlords in Mississippi must disclose the presence of lead-based paint in properties built before 1978. This is a federal requirement aimed at protecting tenants from health hazards associated with lead exposure.
If a tenant fails to claim their belongings within 72 hours of a court-ordered move-out date, the landlord can dispose of or possess the items without further notice. It’s important for tenants to retrieve their belongings promptly to avoid loss.