Mississippi Residential Lease Agreement
A Mississippi lease agreement is a legal contract that sets the terms and conditions of a rental property arrangement. It’s designed to outline the parties’ responsibilities and ensure they know and follow specific state and federal legal guidelines.
A lease is an excellent place for landlords to call out:
- The rent payment amount and due dates
- What utilities are and aren’t covered
- If subletting is allowed
- Common area rules
- If pets are allowed and what the pet deposit is
Keep reading for insights into what you’ll need to include in your next Mississippi residential lease agreement.
Mississippi Lease Agreements
Current PageTurboTenant's Mississippi lease agreement forms the backbone of a solid landlord-tenant relationship.
Mississippi Landlord-Tenant Law
Mississippi landlord-tenant law is the set of statutes that define the landlord-tenant relationship. The laws cover critical aspects of the rental property and include:
- The maximum security deposit landlords are allowed to accept
- If there is a state-manded grace period for rent
- How long a landlord has to return a security deposit
Of course, these are just a few examples. It pays to understand the rules and regulations of the state(s) you operate in.
Because landlord-tenant law can vary quite a bit from state to state, some areas opt for more tenant-friendly laws, and others gear laws more towards protecting a landlord’s investment.
Regardless, landlords should consider using TurboTenant’s Mississippi lease agreement template, which allows them to construct a brand new Mississippi lease that follows all local laws and can be ready in minutes.
Required Landlord Disclosures (1)
Landlords in Mississippi are federally required to make the following disclosure to tenants, if applicable, at the time of lease signing.
- Lead Paint: Federal law requires that landlords disclose to tenants the existence or knowledge of any lead-based paint or lead-based paint hazards found on the property for all units built before 1978.
Security Deposit Regulations
Maximum Security Deposit Amount: Mississippi landlords can charge any amount for a security deposit.
Receipt of Deposit: While landlords are not legally required to provide a receipt for the security deposit, keeping a paper trail of any deposit accepted is good practice.
Deduction Tracking: Landlords in Mississippi may withhold security deposit funds for unpaid rent, cleaning, property damage exceeding normal wear-and-tear, or other reasonable and necessary expenses due to the tenant. Landlords must provide the tenant with an itemized list of the deductions and the remainder of the security deposit (Miss. Code § 89-8-21(3)).
Returning a Tenant’s Security Deposit: Security deposits must be returned within 45 days of the lease agreement expiration (Miss. Code § 89-8-21(3)).
Landlord’s Access to Property
Advance Notice: There is no specific law regarding how or when a landlord can enter a tenant’s unit; however, it’s standard practice for landlords to provide at least 24 hours’ notice and only enter at reasonable hours.
Immediate Access: In an emergency, landlords are legally allowed to enter a tenant’s unit without proper notice to the tenant or property.
Landlord Harassment: Although no specific laws regulate how or when a landlord can enter the tenant’s unit, repeatedly entering a unit without permission could still be harassment. Tenants who feel harassed in this way can file a court order to prevent access or deliver a 14-day written notice to cease the behavior. They can also threaten to cancel the lease agreement (Miss. Code § 89-8-13).
Rent Payment Laws
Grace Period: Mississippi law does not state a grace period for rent.
Late Rent Fees: Mississippi does not limit late rent fees. However, the lease must outline the fees.
Tenant’s Right to Withhold Rent: Tenants must provide written notice to landlords of a specific material defect that could be considered a breach of the lease. If, after 30 days, the landlord has not made the required repair, the tenant may repair the issue and either deduct the rent cost from a future rent payment or demand reimbursement within 45 days. The amount must not exceed one month’s rent, and the tenant must be up-to-date on all rent payments for this remedy to be allowed (Miss. Code § 89-8-15).
Breach of Rental Agreement
Missed Rent Payment: Once a tenant misses a rent payment, Mississippi landlords may issue a 3-day notice to pay or quit (Miss. Code § 89-8-13(5)).
Lease Violation: For lease violations, landlords may issue a 14-day notice to cure or quit, giving the tenant a chance to fix the violation. After the second violation, within 6 months, the landlord may issue a 14-day notice to quit with no opportunity to cure the breach (Miss. Code § 89-8-13(3)).
Self-Help Evictions: Landlords should always follow the legal guidelines for evictions. Attempting self-help evictions by removing the tenant without the court process could open the landlord to civil or legal liability and should never be attempted.
Lease Abandonment: A tenant who breaks the lease early and without cause could be liable for the entire amount of rent left on the lease term. Mississippi has no law limiting the amount a tenant could owe when ending a lease early. Unlike other states, Mississippi landlords are not required to mitigate damage by re-renting the unit as quickly as possible.
Ending a Lease
Month-to-Month: Tenants or landlords in Mississippi may end a month-to-month lease by giving written notice of 30 days (Miss. Code § 89-8-19(3)).
Fixed-Term: Tenants in Mississippi may end a lease early and without penalty if they meet legally qualifying conditions. These conditions include entering active military duty, landlord harassment, an unenforceable lease or uninhabitable living conditions, domestic violence, or tenant death.
Property Abandonment: Mississippi has no specific laws regarding what a landlord should do with personal property left behind by a tenant. Best practices demonstrate that landlords should provide fair notice to the tenant. But, unless there is specific wording in the lease dictating what should happen with a tenant’s property, the landlord is under no legal obligation to return the property to the tenant.
Renewing a Lease
Required Renewals: Mississippi landlords are not legally required to renew a tenant’s lease upon expiration.
Required Notice: Mississippi landlords are not required to let a tenant know ahead of time that they do not intend to renew a fixed-term lease. Month-to-month leases require a minimum of 30 days’ notice to terminate (Miss. Code § 89-8-19(3)).
Rent Control & Stabilization
Mississippi currently has no rent control or stabilization laws, meaning landlords can raise the rent as high as they’d like at the end of a lease term. While not required to give advance notice of a rent increase when renewing a fixed-term lease, landlords wishing to raise the rent on a month-to-month lease must give at least 30 days’ notice before the rent increase takes effect.
Mississippi Residential Lease Agreement FAQs
Does a landlord have to provide a copy of the lease in Mississippi?
No state law requires landlords to provide a copy of the lease to tenants in Mississippi, though it is considered a best practice for any legal contract.
What is the grace period for rent in Mississippi?
Mississippi does not enforce a mandatory grace period for rent payments.
Can a landlord refuse to renew a lease in Mississippi?
Yes, landlords in Mississippi can refuse to renew a lease agreement.
Does a Mississippi lease need to be notarized?
Leases in Mississippi do not need to be notarized; they are considered legally valid once both parties sign.
Can you withhold rent for repairs in Mississippi?
If a tenant informs the landlord of a necessary fix that threatens the tenant’s health and safety and is not cured within 30 days, the tenant may pay for the required repair and withhold the amount from the next rent payment or demand reimbursement within 45 days (Miss. Code § 89-8-15).