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Mississippi Landlord-Tenant Laws

Mississippi Landlord Tenant LawsThis article is intended to be an online resource for Mississippi landlords.  We summarize key Mississippi Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Mississippi Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Mississippi.

 

Quick Facts for Real Estate Investors Considering Mississippi

Mississippi landlord-tenant laws are considered Landlord-friendly.

There are 3.0 million residents in Mississippi.  Major metropolitan markets in Mississippi are:

  1. Gulfport: Estimated population of 238,772, which 37% of residents are renter occupied.  Average rent is $848.
  2. Hattiesburg: Estimated population of 143,093, which 38% of residents are renter occupied.  Average rent is $794.
  3. Jackson: Estimated population of 540,866, which 33% of residents are renter occupied.  Average rent is $857.

 

 

 

SECURITY DEPOSIT LAWS IN MISSISSIPPI

 

Does Mississippi require security deposits? 

Mississippi does not require security deposits.

 

Is a security deposit receipt required in Mississippi? 

No Statute.

 

How much security deposit can a landlord charge in Mississippi? 

No Statute.

 

 

Storage Requirements for Security Deposits in Mississippi: 

No Statue.

 

 

Can security deposits be commingled with other assets in Mississippi? 

Landlords are allowed to commingle.

 

Do landlords have to pay interest on security deposits in Mississippi? 

No Statute.

 

When must a landlord return the deposit by in Mississippi? 

Landlords must return the security deposits within 45 days after the termination of tenancy, the delivery of possession and demand by the tenant. (§ 89-8-21(3))

 

 

When can a landlord in Mississippi withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit for (§ 89-8-21(3)):

 

  • Unpaid rent and/or fees
  • Excessive damage to the rental unit or premises
  • Cleaning the premises upon termination of tenancy
  • Other reasonable and necessary expenses incurred as the result of the tenant’s default

 

 

 

Nonrefundable fees: 

No Statute.

 

Pet Deposits and Additional Fees:

No Statute.

 

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages.  (§ 89-8-21(3))

 

What happens to Mississippi landlords that fail to comply returning the security deposit?

Landlords who fail to comply can be subject to damages not exceeding $200 plus any actual damages.  (§ 89-8-21(4))

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN MISSISSIPPI

 

Rental agreements required in Mississippi:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Mississippi rental lease agreement.

 

What are the required lease provisions in Mississippi?

Mississippi requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list (Md Real Property Code, 8-208):

  • Condition of occupancy
  • Rent Amount and Due Date
  • Adequate description of premises / property
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Length of the lease agreement
  • Subleasing policy
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Late Fees and Penalties
  • Pet policies
  • Cleaning Fees
  • Other fees

 

Landlords cannot include:

  • Tenant authorize any person to confess judgment on a claim arising out of the lease agreement
  • Tenant agrees to waive their rights or limit the landlord’s liability from willful misconduct

 

 

What are the rental agreement notice requirements in Mississippi: 

Fixed-End or Year-to-Year: Must provide at least a 2 months written notice if the lease has no end date.  For fixed-end dates, no notice is required as the lease expires.  (§ 89-7-23)

Month-to-Month: Must provide at least 30 days written notice.  For example, if rent is owed monthly then at least one month notice is required.  (MGL c.186 § 12)  Read our guide on Month-to-Month rent.

Week-to-Week: Must provide at least  one week’a written notice.  (§ 89-8-19(2))

 

 

What happens when the tenant remains without consent after the rental agreement expires or terminates?

If the landlord accepts a tenants rent after the lease expires, the tenancy turns into a month-to-month agreement which requires a 30 day written notice.  However, if the landlord refuses to accept rent then the landlord can file an action to remove the tenant as a holdover tenant.  (§ 89-7-27)

 

 

Does the lease automatically renew in Mississippi? 

Leases with a fixed end date in the lease will expire.  If the landlord accepts rent payments after expiration, it automatically turns into a month-to-month tenancy.

 

Rent Increase Notice:

No Statute.

 

Rent Grace Period for Residential:

Mississippi does not have a grace period.  Landlord are allowed to begin the eviction process the day is delinquent.

 

 

Prepaid Rent:

No Statute.

 

 

 

 

 

 

LATE FEES AND LIMITS IN MISSISSIPPI

Late Fees for Residential:

Landlords can charge a late fee / penalty.  Mississippi does not define a maximum.  The late fee should to be stated in the lease agreement. 

 

 

 

 

MISSISSIPPI LEASE TERMINATIONS / NOTICES TO QUIT

 

In Mississippi, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Mississippi?

Mississippi requires landlords provide a 3 day notice to cure the remedy or quit.  (§ 89-7-27)

 

 

How many days must a landlord allow before terminating for a Lease Violation?

Mississippi requires landlords provide a 30 day notice to cure the remedy or quit.  If the same violation occurs within the next 6 months, a 14 day notice may be given to terminate the lease.  (§ 89-8-13(3))

 

 

Mississippi allows immediate lease termination if the tenant is responsible for:

Landlords or tenant can immediately terminate a tenancy if a substantial violation that affects health and safety occurs.  (§ 89-8-19)

 

 

 

 

 

MISSISSIPPI LAWS ON REPAIRS

 

Mississippi requires landlords provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so.  

How many days must the tenant give for non-emergency repairs? 

Tenants must provide written notice and allow the landlord 30 days for needed repairs.

 

Can tenant withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Mississippi allows tenants to pay for repairs and offset against future rent.  (§ 89-8-15)

 

 

 

 

MISSISSIPPI LANDLORD LAWS AND RESPONSIBILITIES

 

Landlords have an obligation to the tenants, which include:

  • Comply with required applicable building and housing codes materially affecting health and safety
  • Maintain the dwell unit, it’s plumbing, HVAC, in substantially the same condition as the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, it’s plumbing, heating and/or cooling system is damaged or impaired as result of the deliberate or negligent actions of the tenant.

According to (§ 89-8-23)

 

 

MISSISSIPPI TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Tenants must conduct themselves and others in a manner not to disturb the neighbor’s peaceful enjoyment of their premises.   Tenants must notify the landlord of any condition that could cause damage to the premise.  As well as not engage in any illegal activity.   (§ 89-8-25)

 

 

 

 

 

MISSISSIPPI EVICTION LAWS

 

Can landlords do a ‘self help’ eviction?

In Mississippi, it is legal for landlords to cause the tenant to quit the rental unit involuntarily, demand an increased rent or decrease the services which the tenant was previously entitled to.  However, this cannot be done for the purpose of retaliation against the tenant.  Often this occurs when tenants holdover past expired leases.  (§ 89-8-17)

Are landlords allowed to lock out tenants by changing locks?

No Statute.

Are landlords allowed to turn off utilities?

Landlords can turn off utilities after expiration of the lease agreement. (§ 89-8-17)

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

No statute.

 

 

 

MISSISSIPPI LAWS ON RETALIATION

 

Mississippi laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents, terminate a periodic tenancy or threaten to bring an action of possession when:

 

  • Tenant has sent written complaints to the landlords about repairs

 

Mississippi does not defines a period that would result in a retaliatory action.

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

Mississippi has no statutes to protect a victim of domestic violence, sexual assault, rape or stalking.  Burbz encourages landlords to work with these victims in good faith and help prevent or reduce the situation.  This includes changing locks or letting the victim out of their lease agreement to find a safer home.

 

 

 

MISSISSIPPI LAWS FOR LOCKS AND LANDLORDS

Mississippi does not have any statewide laws regarding locks.

 

 

 

 

MISSISSIPPI PET LAWS & PET POLICIES

Mississippi Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

 

 

 

 

DO LANDLORDS IN MISSISSIPPI NEED A RENTAL LICENSE?

 

According to Mississippi Landlord-Tenant Laws, landlords do not need a rental license in Mississippi.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws. Baltimore in particular has regulations for licensing.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN MISSISSIPPI

Do landlords in Mississippi have to provide notice of entry? 

Mississippi does not require landlords to provide any notice.  The right of entry for maintenance and repairs have to be defined in the lease.  However, it is recommended that landlords provide 24 hours’ notice for normal circumstances entry.    This includes:

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

No Statute.

 

 

Can landlords enter for non-emergency maintenance and repairs?

No Statute.

 

 

Can landlords enter for showings?

No Statute.

 

 

 

Can landlords enter for emergencies without notice?

No Statute.

 

 

Can landlords enter during Tenant’s extended absence?

No Statute.  The lease agreement must include a policy for entry during an extended absence.

 

 

Can landlords enter for pesticide use?

No Statute.

 

 

 

 

MISSISSIPPI SUBLEASE AND ASSIGNMENT PROVISIONS

Landlords should include a clause in the lease agreement to prevent subleasing.  There are no state laws, the lease agreement governs the terms.

 

 

 

 

TENANT ABANDONED PROPERTY IN MISSISSIPPI

 

Mississippi Landlord-Tenant Laws does not have statutes declaring procedure for holding or storing terminated or abandoned tenants possessions.  Landlords should send notice to the tenant of their personal property and encouraged to hold onto the property for 30 days.  This is not required.  It is also suggested to hold onto records for at least 1 year.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR MISSISSIPPI LEASES

 

Mississippi Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

 

 

 

HELPFUL RESOURCES

 

 

Miss. Code Ann. § 89-7 – Landlord and Tenant

Miss. Code Ann. § 89-8 – Residential Landlord and Tenant Act

Miss. Code Ann. § 15-1 and § 75-2A-506(1) – Limitation of Actions

Mississippi Insurance Department

Mississippi Insurance Department Guide to Homeowner’s and Renter’s Insurance

U.S. Department of Housing and Urban Development – Mississippi

 

 

 

MISSISSIPPI RELATED COURT INFO & LINKS

 

Mississippi Small Claims Court Limits:

$3,500 is the limit for small claims court. (§ 9-11-9)

 

 

Mississippi Eviction Cases Allowed in Small Claims:

Yes.  (§ 11-25-1)

State of Mississippi Judiciary

Mississippi Attorney General

 

 

 

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