Mississippi Residential Lease Agreement

Important Information for Mississippi Landlords

Mississippi Rental Law Highlights

Security Deposits (Miss. Code Ann. § 89-8-21)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 45 days after tenant vacates (Miss. Code Ann. § 89-8-21)
• Itemized Statement: Required if any deductions are made
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Liable for deposit plus damages if wrongfully withheld; up to $200 penalty

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (customary)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Mississippi does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address for notice purposes
• Move-in condition documentation (recommended)
• Smoke detector information
• Any known defects or issues with the property

Eviction and Termination (Miss. Code Ann. § 89-7-27, 89-7-45)

• 3-Day Notice: For nonpayment of rent (Miss. Code Ann. § 89-7-27)
• 30-Day Notice: For lease violations (Miss. Code Ann. § 89-7-45)
• 30-Day Notice: To terminate month-to-month tenancy
• Court Process Required: Must file unlawful detainer/eviction action
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations

• Habitability: Must maintain premises in fit and habitable condition (common law)
• Essential Services: Must provide functioning plumbing, heating, hot water
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements

• Notice Required: No specific statutory requirement; reasonable notice customary (24 hours)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to reasonable notice before entry
• Security Deposit Protection: Deposit plus damages and up to $200 penalty
• Repair Rights: Limited repair and deduct rights under common law
• Military Service: SCRA protections for active duty members

Mississippi-Specific Considerations

Minimal State Regulation

• Mississippi has among the least landlord-tenant statutory law in the nation
• Relies heavily on common law and lease agreements
• Written lease agreements are extremely important
• Courts interpret ambiguities based on lease terms and common law
• Landlords have significant flexibility but also responsibility

Security Deposit Return (Miss. Code Ann. § 89-8-21)

• 45 days to return deposit with itemized statement
• No statutory maximum on deposit amount
• Landlord liable for deposit plus damages if wrongfully withheld
• Up to $200 additional penalty for bad faith withholding
• Tenant must provide forwarding address

3-Day Eviction Notice (Miss. Code Ann. § 89-7-27)

• Only 3 days notice for nonpayment of rent
• One of the shortest notice periods in the nation
• Tenant does not have right to cure by paying within notice period
• Must follow proper notice requirements
• Landlord-friendly eviction process

No Warranty of Habitability Statute

• No explicit statutory warranty of habitability
• Common law implied warranty of habitability applies
• Lease terms heavily influence habitability obligations
• Landlord must maintain property in safe condition
• Building code compliance required

Limited Tenant Remedies

• No statutory repair and deduct provision
• No statutory rent withholding provision
• Tenants must generally pursue remedies through courts
• Lease terms and common law govern most disputes
• Well-drafted leases are critical for both parties

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors recommended but not always required by state law

Fair Housing Requirements

Best Practices for Mississippi Landlords

• Use comprehensive written leases for all tenancies – extremely important in Mississippi
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out extensively
• Return deposits within 45 days with itemization if deducting (required)
• Include detailed maintenance and repair responsibilities in lease
• Specify late fees, NSF fees, and other charges clearly in lease
• Include entry notice provisions in lease (recommend 24 hours)
• Disclose landlord’s name and address for service of notices
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions
• Consider landlord insurance with loss of rent coverage
• Consult attorney for complex issues – less statutory guidance available

Mississippi Climate Considerations

• Hot, Humid Subtropical Climate: A/C essential for habitability
• Hurricane Risk: Coastal areas vulnerable; proper preparation critical
• Tornado Activity: Tornadoes common; weather preparedness important
• High Humidity: Mold and moisture issues common; proper ventilation essential
• Flooding: Major concern in many areas; flood insurance important
• Termites: Prevalent; regular inspections and treatment needed

Jackson and Urban Area Considerations

• Local Ordinances: Additional requirements in Jackson and other cities
• Rental Registration: Some cities may require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities in lease
• Propane: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities
• Pest Control: Critical in rural areas; specify responsibilities

Resources

• Mississippi Code – Title 89 (Property)
• Mississippi State Bar – Real Estate Section
• Mississippi Center for Legal Services
• Mississippi Home Corporation
• Local justice courts (for eviction proceedings)
• Mississippi Apartment Association