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Free Mississippi Residential Lease Agreement

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A configurable Mississippi residential lease agreement that generates a signable multi-page PDF. Built to Miss. Code Ann. 89-8-1 and following — no deposit cap, the 45-day accounting at 89-8-21, and the double-rent holdover your lease can contradict.

Mississippi Miss. Code 89-8 2026 Session Checked Free PDF 2026 Edition
Updated Q3 2026 By Tenant Screening Background Check Editorial Team Scope Mississippi ~13 min read

A Mississippi residential lease agreement is governed by the Mississippi Residential Landlord and Tenant Act at Miss. Code Ann. 89-8-1 through 89-8-45 — one of the thinnest landlord-tenant schemes in the country, and for that reason one of the states where the lease itself does the most work. Mississippi sets no maximum security deposit. It has no landlord-entry statute at all. It requires no lease disclosure of any kind. It caps no late fee and grants no grace period. It has no standalone retaliation statute. On every one of those questions the honest answer is the same: the statute is silent, so the lease governs. That is not a gap in this page — it is the single most important thing a Mississippi landlord or tenant needs to understand, and it is why the elections in the form below are written as deliberate choices rather than boilerplate.

Mississippi Lease Rules at a Glance

Security Deposit Cap

None

Deposit Accounting

45 Days*

Entry Notice

None by Statute

Month-to-Month Notice

30 Days

*The 45-day clock has a three-part trigger. Miss. Code Ann. 89-8-21(3) requires the balance to be returned no later than forty-five days after the termination of the tenancy, the delivery of possession and demand by the tenant. All three elements are in the statutory text; every ranking page we examined states the deadline as though it ran from move-out alone. The form below lets a landlord waive the demand element so the deadline becomes certain for both sides.

The Codified Mississippi Text You Will Find Online Is Out of Date

This matters more in Mississippi than almost anywhere, because there is only one freely accessible mirror of the Mississippi Code and it is stale. codes.findlaw.com stamps every Mississippi section “Current as of January 01, 2025” — a date that falls before the entire 2025 regular session. Two acts amended this chapter that year: SB 2328 (2025 ch. 460, approved 10 April 2025) rewrote the eviction summons at 89-8-35 and the removal procedure at 89-8-39, and HB 1200, the Real Property Owners Protection Act (2025 ch. 474, effective 1 July 2025), amended 89-8-3 and 89-8-7. The staleness is demonstrable rather than theoretical: HB 1200 added a trespasser carve-out to the definition of “tenant” at 89-8-7(1)(m), and the mirror’s text still does not carry it. Every figure on this page was therefore checked against the enrolled bill text on the Mississippi Legislature’s own bill status system, and the 2026 regular session was swept as well — HB 442 (which would have rewritten the repair-and-deduct conditions at 89-8-15), HB 499 (89-8-13, 89-8-35, 89-8-39 and 89-8-41) and HB 89 all died in committee on 3 February 2026, so nothing from 2026 changes the law below.

How to Fill Out This Mississippi Lease Agreement

The Seven-Step Mississippi Sequence

1. Name the parties and an address for notices

Mississippi requires no landlord identification disclosure, unlike most states. The lease must still carry an address, because the notices under 89-8-13 and the repair notice under 89-8-15 have to be delivered somewhere. Under 89-8-7(2), notice given to the landlord’s agent is equivalent to notice to the landlord.

2. Describe the premises and choose the term

Enter the address, county and property type, then choose fixed, month-to-month or week-to-week. Section 89-8-19(1) supplies a default only where the agreement fixes no definite term. A lease running longer than one year must be in writing under the statute of frauds at Miss. Code Ann. 15-3-1(c).

3. Set rent, the due day and any late fee

Mississippi caps no late fee and grants no grace period. What it does give you is 89-8-7(1)(k), which defines rent to include any late fee the rental agreement requires a defaulting tenant to pay — so a fee stated in the lease is recoverable as rent in a nonpayment case, and a fee that is not stated simply does not exist.

4. Set the deposit and decide about the demand requirement

There is no cap to worry about. The question that matters is the trigger on the 45-day accounting at 89-8-21(3), which runs from termination, delivery of possession and demand by the tenant. Waiving the demand element in the lease removes the ambiguity for both sides.

5. Decide whether the tenant takes on any maintenance duties

Section 89-8-23(3) permits the parties to agree that the tenant performs some or all of the landlord’s maintenance duties — but only in writing, only in good faith, and only subject to the prohibited provisions at 89-8-5. If you want that shift, this is where it gets recorded.

6. Set the entry notice and choose your notice method

Mississippi’s Act has no entry section, so whatever notice the tenant gets before entry exists only because this lease creates it. Separately, 89-8-13 and 89-8-17 allow notice by email or text message only where the receiving party agreed in writing — ticking that box makes this lease the required writing.

7. Decide the holdover charge, then generate and sign

Section 89-8-45 allows a double-rent holdover charge only “if not contradicted by the rental agreement”, so the lease decides it. Download the multi-page PDF and sign. Mississippi requires no witnesses and no notary.

Build Your Mississippi Residential Lease Agreement

Complete the fields below to generate a Mississippi residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, and the generated lease cites the controlling Mississippi section at each point — including the five places where the statute is silent and the lease has to supply the rule. Before handing over keys, run proper tenant screening. Pair the signed lease with a Mississippi move-in / move-out checklist, which in this state does unusually heavy lifting: because the landlord’s duty under 89-8-23 is measured against the condition of the premises at the inception of the lease, the move-in record is the baseline the whole duty is judged against.

Mississippi Residential Lease Agreement Builder

1. Parties

2. Premises

3. Term

Miss. Code Ann. 89-8-19(1) supplies the default only where the lease fixes no definite term: week-to-week if the tenant pays weekly rent, month-to-month in every other case. A lease running longer than one year must be in writing under the statute of frauds at 15-3-1(c).

4. Rent & Late Fees

Mississippi sets no statutory grace period and no late-fee cap. It does something better for the landlord who drafts carefully: Miss. Code Ann. 89-8-7(1)(k) defines rent to include any late fee the rental agreement requires a defaulting tenant to pay — so a late fee stated in the lease is recoverable as rent, and a late fee that is not stated does not exist.

5. Security Deposit

Mississippi sets no maximum. Miss. Code Ann. 89-8-21(3) requires the balance to be returned no later than forty-five days after three things have happened: termination of the tenancy, delivery of possession, and demand by the tenant. You may waive the demand element below so the clock starts on move-out.

6. Maintenance & Utilities

Miss. Code Ann. 89-8-23(3) lets the parties agree in writing and in good faith that the tenant performs some or all of the landlord’s maintenance duties — subject always to the prohibited provisions at 89-8-5. If you want that shift, it has to be written down.

7. Entry, Notices & Disclosures

Mississippi has no statutory entry rule at all. Whatever notice the tenant gets before the landlord enters exists only because this lease creates it, so set it deliberately.

8. Holdover & Other Provisions

Miss. Code Ann. 89-8-45 lets a landlord charge double rent for a holdover after a definite term expires — but only “if not contradicted by the rental agreement”. Mississippi hands you the pen on this one.

Is There a Security Deposit Limit in Mississippi?

No. Mississippi sets no statutory maximum on a residential security deposit. Miss. Code Ann. 89-8-21 is the deposit section, and it is worth being precise about what it does and does not do. It governs which payments count as a deposit, who holds them, what may be deducted, how deductions must be itemized, when the balance must be returned, and what happens if it is kept in bad faith. It contains no cap of any kind — not a number of months, not a fixed sum, not a formula.

Section 89-8-21(1) draws the boundary of what is caught: any payment or deposit of money whose primary function is to secure the performance of a rental agreement or any part of it, other than a payment or deposit made to secure the execution of the agreement, including an advance payment of rent. So a holding fee taken to reserve a unit before signing sits outside the section; a damage or performance deposit taken under the lease sits inside it.

Two protections in the section are routinely missed. First, 89-8-21(2) provides that the deposit shall be held by the landlord for the tenant, and that the tenant’s claim to it is prior to the claim of any creditor of the landlord. That is a real priority rule, and it matters if a landlord’s portfolio runs into trouble. Second, Mississippi imposes no requirement to hold the deposit in a separate or interest-bearing trust account, which many states do — another silence the lease can fill if the parties want it filled. Our Mississippi security deposit laws guide covers the section in more detail.

How Long Does a Mississippi Landlord Have to Return the Deposit?

No later than forty-five days — but the clock does not start when the tenant hands back the keys. This is the single most misreported figure in Mississippi coverage. Miss. Code Ann. 89-8-21(3) requires that any remaining portion of the deposit be returned to the tenant no later than forty-five days after the termination of his tenancy, the delivery of possession and demand by the tenant. Three events, not one. The statute lists them conjunctively, and the third — demand by the tenant — appears in no ranking Mississippi page we examined.

The practical consequences run in both directions. A tenant who moves out, says nothing, and waits should not assume the 45 days is running; the safe course is a short written demand delivered with the forwarding address on the day of move-out. A landlord who wants a certain, defensible deadline — rather than an argument later about whether a demand was ever made — can simply waive the demand requirement in the lease, which is exactly what the tick-box in section 5 of the form above does. Build the accounting itself with our Mississippi security deposit itemization form and send it with a Mississippi security deposit return letter.

What may be deducted is also defined. Under 89-8-21(3) the landlord may claim, by written notice delivered to the tenant, only such amounts as are reasonably necessary to remedy the tenant’s defaults in the payment of rent, to repair damage to the premises caused by the tenant exclusive of ordinary wear and tear, to clean the premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as a result of the tenant’s default — and then only if the deposit was made for those specific purposes. The written notice must itemize the amounts claimed. A lump-sum deduction with no breakdown does not comply.

If the deposit is kept improperly, 89-8-21(4) supplies the remedy: retention of a deposit or any portion of it in violation of the section and with absence of good faith may subject the landlord, or the landlord’s transferee, to damages not to exceed two hundred dollars, in addition to any actual damages. Two things follow. The statutory sum is modest, so the real exposure is the actual damages plus the deposit itself. And the trigger is bad faith, not mere lateness — a landlord who itemizes honestly and pays late is in a very different position from one who keeps the money without explanation.

What Must a Mississippi Landlord Maintain?

Two things, and they are narrower than a general warranty of habitability. Miss. Code Ann. 89-8-23(1) requires a landlord, at all times during the tenancy, to (a) comply with the requirements of applicable building and housing codes materially affecting health and safety, and (b) maintain the dwelling unit, its plumbing, heating and/or cooling system in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless that unit or system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.

Read limb (b) carefully, because it is the Mississippi structure and it differs from most states. The benchmark is not an abstract standard of fitness — it is the condition of the premises when the tenancy began. A unit that was delivered with a marginal air conditioner must be maintained in substantially that condition; the statute does not by its terms require an upgrade. That single feature is why a dated, photographed move-in inspection is worth more in Mississippi than in almost any other state: it fixes the baseline against which the entire duty is measured. Our Mississippi habitability laws guide goes further into the case law.

The section then carves out three things. No duty arises in connection with a defect caused by the deliberate or negligent act of the tenant or of persons on the premises with the tenant’s permission (89-8-23(2)), or caused by the tenant’s affirmative act or failure to comply with the tenant’s own obligations under 89-8-25 (89-8-23(4)). And — subject to the prohibited provisions at 89-8-5 — the landlord and tenant may agree in writing that the tenant perform some or all of the landlord’s duties under the section, but only if the transaction is entered into in good faith (89-8-23(3)). That is a genuine, statutorily authorised lease election, and the form above records it properly rather than leaving it as an unwritten understanding.

On the other side, 89-8-25 sets out nine tenant duties: keep the occupied part of the premises clean and safe; dispose of ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards; keep plumbing fixtures clean; use the electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities reasonably; not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises; not disturb the neighbours’ peaceful enjoyment; inform the landlord of any condition of which the tenant has actual knowledge which may cause damage; maintain the unit in substantially the same condition to the extent of the tenant’s legal obligation; and not engage in any illegal activity upon the leased premises as documented by a law enforcement agency. That last duty was added with eviction in mind and is worth a tenant reading twice.

Can a Mississippi Tenant Repair and Deduct?

Yes — and this is where most Mississippi coverage is wrong in both directions. Some pages tell tenants they may simply withhold rent, which is not what the statute says. Others report that Mississippi gives a tenant no repair remedy at all, which is also untrue. Miss. Code Ann. 89-8-15 provides a real repair-and-deduct right, hedged with five conditions that all have to hold.

The mechanism: if, within thirty days after written notice to the landlord of a specific and material defect which constitutes a breach of the lease or of the landlord’s obligation under 89-8-23, the landlord fails to repair it, the tenant may repair the defect and is entitled to reimbursement of the expenses within forty-five days after submitting receipted bills to the landlord. The five conditions are set out in 89-8-15(1)(b):

  • the tenant has fulfilled the obligations required under 89-8-25;
  • the expenses incurred do not exceed an amount equal to one month’s rent;
  • the tenant has not exercised this remedy in the six months immediately preceding;
  • the tenant is current in rental payments; and
  • reimbursement is capped at the usual and customary charge for such repairs (89-8-15(2)).

Three further rules complete it. Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant must notify all other tenants sharing those facilities of the plans and arrange the work to create the least practicable inconvenience (89-8-15(3)). The cost of repairs made under the section may be offset against future rent (89-8-15(4)) — which is the closest Mississippi comes to a withholding right, and it is available only after the whole procedure has been followed. And no provision of the section grants a lien against the real property (89-8-15(5)).

The conditions do the real work. A tenant who is behind in rent has no remedy. A tenant who used it four months ago has no remedy. A repair costing more than a month’s rent is outside it. Note also that the 2026 legislature looked directly at this section: HB 442 of the 2026 regular session would have revised the elements necessary for a tenant to be reimbursed, and it died in committee on 3 February 2026. The conditions above are the law.

How Much Notice Must a Mississippi Landlord Give to Enter?

None by statute — and that is not an omission in this page. The Mississippi Residential Landlord and Tenant Act runs from 89-8-1 to 89-8-45. We read every section in it. There is no section governing a landlord’s access to the dwelling unit: no notice period, no limit on hours, no permitted-purposes list, and no statutory prohibition on abusing the right of access of the kind most states codify. Mississippi joins a very short list of states — Arkansas and Idaho are the others in this wave — with no dwelling-entry provision whatever.

The drafting consequence is direct. In Mississippi, any notice the tenant receives before entry exists only because the lease created it. A lease that is silent on entry leaves the question to general property principles and to whatever the parties can argue after the fact, which serves neither side. Competitor pages routinely assert a Mississippi twenty-four-hour rule; there is no Mississippi source for it, and one widely syndicated summary sources it to 89-8-19, which is in fact the section on the length and termination of a tenancy. The form above therefore asks you to choose an entry notice period, and the generated lease creates it as an enforceable contractual term with an emergency exception. See Mississippi landlord entry laws, and document each visit with a dated Mississippi notice to enter form.

One statutory hook does reach entry indirectly. Miss. Code Ann. 89-8-9 imposes an obligation of good faith on every duty under the chapter and on every act performed as a condition precedent to a right or remedy under it. A contractual entry right is still exercised against that background, and a landlord using access to harass a tenant is on poor ground even without an entry statute.

When Is Rent Due, and What Late Fee Can a Mississippi Landlord Charge?

Rent is due when the lease says it is due. Mississippi has no statutory grace period, no cap on late fees, and no rent control — and, unlike many states, no separate rent-increase notice statute for a periodic tenancy either. What it has instead is a definition that quietly does a lot of work.

Miss. Code Ann. 89-8-7(1)(k) defines “rent” to mean all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant. Two consequences follow, and both are drafting points rather than abstractions. A late fee that is stated in the lease is rent, which means it travels with the rent claim in a nonpayment case under 89-8-13(5)(a) and in the eviction filing under 89-8-33. A late fee that is not stated in the lease does not exist at all, because the definition attaches only to fees “required to be paid under the rental agreement”.

The practical limit on the amount is judicial rather than statutory: a fee out of proportion to the landlord’s actual loss invites challenge as an unenforceable penalty rather than a reasonable estimate of damages. Our Mississippi late fee laws guide covers the drafting, Mississippi rent increase laws covers changing rent on a periodic tenancy, and our Mississippi late rent notice and Mississippi rent increase notice handle the paperwork.

What Notice Comes Before an Eviction in Mississippi?

Mississippi runs two notice periods for breach, plus a third for holding over, and ranking pages blur them together — often while citing the wrong chapter entirely.

  • Three days — nonpayment of rent, Miss. Code Ann. 89-8-13(5)(a). Where the tenant’s material noncompliance is the nonpayment of rent, the landlord may deliver a notice specifying that the rental agreement will terminate if payment is not made within three days. Section 89-8-13(5)(b) adds a provision landlords should note: any judge presiding over a nonpayment eviction hearing shall abide by the provisions of the rental agreement signed by the parties — another reason the lease has to say what you want it to say.
  • Fourteen days with a right to cure — any other material noncompliance, Miss. Code Ann. 89-8-13(3). The nonbreaching party delivers a notice specifying the acts and omissions constituting the breach and stating that the agreement will terminate on a date not less than fourteen days after receipt if the breach is not remedied within a reasonable time not exceeding fourteen days.
  • Three days — holding over after a fixed term expires, Miss. Code Ann. 89-8-17(2). After expiration, the landlord may notify the tenant that they are holding over and that eviction proceedings will commence no earlier than three days after that notice.

The cure right can disappear. Under 89-8-13(3)(b), in the absence of a showing of due care by the breaching party, if substantially the same act or omission recurs within six months of a prior noticed noncompliance, the nonbreaching party may terminate on at least fourteen days’ notice specifying the breach and the date of termination — and that second notice carries no right to cure. Conversely, 89-8-13(3)(c) bars a party from terminating for a condition caused by that party’s own deliberate or negligent act, or by a family member or other person on the premises with their consent. And 89-8-13(4) requires that on termination the landlord return all prepaid and unearned rent and all security recoverable under 89-8-21.

Note that 89-8-13 runs both ways. Subsection (2) gives the tenant the same fourteen-day notice-and-terminate route where the landlord materially fails to comply with the lease or with 89-8-23. Mississippi tenants are frequently told they have no exit for a landlord’s breach; they have this one.

Use our Mississippi 3-day notice to pay rent or quit for the nonpayment route, the Mississippi notice to cure or quit for the fourteen-day route, the Mississippi unconditional quit notice where no cure right survives, and see Mississippi eviction notice laws for the sequence.

The Wrong-Chapter Problem: 89-7-27 Is Not the Residential Notice

Several ranking Mississippi pages cite Miss. Code 89-7-27 as the state’s three-day notice to pay rent or quit. That section does contain a three-day default-in-rent notice — but read its opening words. It applies to a tenant “of premises or other lands not constituting a dwelling unit as defined in Section 89-8-7”. It is the non-residential route. For a dwelling unit the notice is 89-8-13(5)(a) and the procedure is 89-8-31 through 89-8-45, created by SB 2461 of the 2022 regular session. The same 2022 act expressly repealed 89-7-41 and 89-7-45, which had governed the disposition of tenant property and when a warrant of removal could issue — so a citation to 89-7-45 today points at a section that no longer exists. The neighbouring 89-7-49, a constable procedure for deserted premises with rent in arrear, likewise belongs to the old Chapter 7 scheme and speaks of lands and distress rather than dwelling units.

Can a Mississippi Eviction Notice Be Sent by Email or Text?

Only if the party being notified agreed in writing to be notified that way. Miss. Code Ann. 89-8-13 permits the notice of breach, the recurrence notice and the nonpayment notice to be given “in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message”. Section 89-8-17 carries the same condition for the holdover notice.

This is a genuinely modern provision and it is almost entirely absent from competitor templates. The condition is the whole point: an email address on a rental application is not agreement, and a course of texting about repairs is not agreement. The written agreement has to exist, and the lease is the obvious place for it. The form above turns it into an explicit election and records both parties’ electronic addresses in the generated document, so a later notice cannot be attacked for want of the underlying consent. Section 89-8-7(2) adds a related rule worth knowing: notice given to the landlord’s agent is equivalent to notice given to the landlord.

How Does a Mississippi Tenancy End?

Miss. Code Ann. 89-8-19 sets the periods, and 89-8-17 handles the expiry of a fixed term. Where the rental agreement fixes no definite term, the tenancy is week to week for a tenant who pays weekly rent and month to month in all other cases (89-8-19(1)). Either party may terminate a week-to-week tenancy by written notice given at least seven days prior to the termination date (89-8-19(2)), and a month-to-month tenancy by written notice given at least thirty days prior to the termination date (89-8-19(3)).

Then comes the subsection almost nobody covers. Section 89-8-19(4) provides that, notwithstanding that section or any other provision of the chapter to the contrary, notice to terminate a tenancy shall not be required where the landlord or tenant has committed a substantial violation of the rental agreement or the chapter that materially affects health or safety. It is symmetrical — it relieves a tenant of the thirty-day notice as readily as it relieves a landlord — and it is a meaningful exception to every notice period on this page. See Mississippi lease termination laws, our Mississippi breaking-lease guide, and the Mississippi notice of non-renewal where a fixed term is simply not being extended.

A fixed-term lease expires on the date stated in it (89-8-17(1)); no notice is needed to end it. Mississippi sets no separate rent-increase notice period for a periodic tenancy, so a rent change runs through the same thirty-day termination notice and an offer of new terms.

Can a Mississippi Landlord Charge Double Rent for a Holdover?

Yes — unless this lease says otherwise, and that conditional is the whole story. Miss. Code Ann. 89-8-45 provides that when a rental agreement with a definite term expires and the tenant fails or refuses to vacate after being notified to do so, the landlord may, “if not contradicted by the rental agreement”, charge the tenant double the rent for the time the tenant continues in possession following the date to vacate specified in the notification.

We could find no competitor Mississippi template that mentions 89-8-45 at all, let alone the conditional. It matters because the statute expressly yields to the lease. A landlord who wants the double-rent charge must make sure the lease does not contradict it — and a great many generic templates contain a holdover clause setting some other figure, which does exactly that and silently gives the remedy away. A tenant negotiating a lease, conversely, can ask for it to be contradicted. The form above makes it an explicit tick-box, and the generated lease states the chosen position in terms, so there is nothing left to argue about.

Note the two preconditions inside the statute: the term must have been a definite one that has expired, and the tenant must have been notified to vacate. Double rent runs only from the date to vacate specified in that notification, which is a further reason to send a dated Mississippi notice to vacate rather than relying on the lease’s end date alone.

What Happens After a Mississippi Eviction Judgment?

Mississippi’s residential eviction procedure lives at 89-8-31 through 89-8-45 and was rewritten in 2022, then amended again by SB 2328 in 2025. The outline matters to both sides because the timetable is short.

A landlord may commence eviction for breach of the agreement or violation of the chapter under 89-8-13, or for failing to vacate after termination or expiration under 89-8-17 and 89-8-19 (89-8-31). The filing must include a sworn affidavit or complaint stating the facts, the address and any rent and fees owed, and must attach a copy of the notice of breach or the notice to terminate (89-8-33). The summons carries a prescribed plain-English warning to the tenant (89-8-35). Judgments granted by the court must be signed and executed on the same business day (89-8-37).

Then the part tenants most need to know. Under 89-8-39(1) the judge shall order the tenant to vacate in seven days from the date of the judgment, unless the court finds a shorter or longer period justified by an emergency or other compelling circumstances — the statute names a substantial violation materially affecting health or safety, and an immediate and significant risk of damage or injury, as examples justifying a shorter period. Under 89-8-39(2), as amended by SB 2328 in 2025, a warrant of removal is not considered executed by law enforcement posting it on the door; officers must remove all occupants and place the landlord in physical possession. Under 89-8-39(3) the landlord must then allow the tenant reasonable access for seventy-two hours to remove personal property, after which remaining property may be moved to the curb, an area designated for garbage or another agreed location.

There is also a pay-and-stay rule. Where the possession judgment rests solely on nonpayment of rent, 89-8-39(4) bars the judge from issuing a warrant for removal if the tenant has paid in full all unpaid rent and other sums awarded by the court-ordered move-out date, or if the landlord accepts payment afterwards — and the landlord has an obligation of good faith to accept full payment tendered on or before that date. Finally, 89-8-41 caps a single adjournment at ten days without consent and forbids any adjournment extending the entire hearing beyond thirty days from the date the action was filed, and 89-8-43 sends appeals to the Mississippi Rules of Court.

Which Lease Clauses Are Unenforceable in Mississippi?

Mississippi does have a prohibited-provisions section, and no ranking page we examined names it. It is Miss. Code Ann. 89-8-5, and it is short enough to state in full effect. In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under the chapter, except as otherwise provided by the chapter. And no rental agreement may provide that the tenant or the landlord:

  • authorizes any person to confess judgment on a claim arising out of the rental agreement; or
  • agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord’s willful misconduct, or the costs connected with it.

Two observations. First, the list is short by URLTA standards — there is no ban on waiving jury trial, no ban on a tenant paying the landlord’s legal costs, no limitation-of-remedy clause, and the chapter attaches no damages multiplier to a prohibited provision of the kind Alabama and Arizona impose. The general anti-waiver rule in the same section does the heavy lifting.

Second, and specifically: Mississippi takes no position on attorney fees. The prohibited list does not mention them, and no section of the Act creates an entitlement to them either. A fee clause is therefore a matter of contract, subject only to the anti-waiver rule. The optional clause in the form above is nonetheless drafted to run to the prevailing party in both directions, because a one-sided clause is the term a court is most likely to scrutinise and the least likely to be worth defending. The exculpation ban is also worth a landlord’s attention: a broad “landlord not liable for any injury howsoever caused” clause — still common in circulated Mississippi templates — runs straight into 89-8-5(b) to the extent it reaches willful misconduct.

Does Mississippi Protect Tenants Against Retaliation?

Barely, and not in the way the phrase usually implies. Mississippi has no standalone retaliation statute. There is no section creating a retaliatory-eviction defence, no presumption that an adverse action within a set number of days after a complaint is retaliatory, and no damages provision.

The only retaliation language in the entire Act is embedded inside Miss. Code Ann. 89-8-17(2), and it is narrow. That subsection permits a landlord to demand an increase in rent after a fixed rental agreement has expired, provided the landlord’s action did not have the dominant purpose of retaliation against the tenant for the tenant’s actions authorized under the chapter, and provided the landlord received written notice of each condition which was the subject of those actions. So the protection is confined to post-expiration rent demands, it applies a demanding “dominant purpose” test, and it depends on the tenant having complained in writing in the first place.

The practical advice for a Mississippi tenant follows directly from that: put every complaint in writing and keep a copy. Written notice is the trigger for the repair-and-deduct remedy under 89-8-15, the trigger for the fourteen-day termination route under 89-8-13(2), and the precondition for the only retaliation protection the state has. A tenant who complains only by phone has, in Mississippi, effectively not complained at all.

Which Disclosures Does Mississippi Actually Require?

None under state law. The Mississippi Residential Landlord and Tenant Act contains no disclosure section at all. There is no radon notice, no flood-risk disclosure, no bed bug notice, no mold disclosure, no asbestos notice, no methamphetamine-contamination history, no shared-utility disclosure and no landlord identification requirement of the kind Alabama, Alaska and Arizona all impose. Mississippi shares with Arkansas the shortest disclosure list in the country.

Federal law supplies the only requirement: the lead-based paint disclosure under 42 U.S.C. 4852d and 24 C.F.R. Part 35 for any dwelling built before 1978, with the EPA pamphlet and any known records or reports. Our Mississippi lead-based paint disclosure form handles it, and the generator above emits it whenever you tick the box.

If you see a Mississippi template with a state disclosure block on it, it was written for another jurisdiction and never re-checked. The form above offers exactly one voluntary block — mold — and the generated lease labels it not required by Mississippi statute on its face, so nobody reading the document later mistakes a courtesy for a legal obligation.

What Happens to a Mississippi Lease When the Tenant Dies?

Mississippi has a provision on this that appears in no competitor template we examined: Miss. Code Ann. 89-8-29, the Derrick Beard Act. Any cosigner of a lease of residential premises may terminate, and is presumed to have terminated, the lease before its expiration date upon the death of the lessee or, where there is more than one lessee, upon the death of all lessees. The presumption runs in the cosigner’s favour: a cosigner who chooses not to terminate must provide notice to the lessor within thirty days of the death.

Termination does not wipe the slate. Under 89-8-29(3) the estate and the cosigner remain liable for rent and other sums owed before the death; for rent for the remainder of the month or other thirty-day period in which the death occurred; and for amounts necessary to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Critically, 89-8-29(4) makes any attempted waiver of this right of termination, by contract or otherwise, void and unenforceable — so a guarantee clause purporting to survive the tenant’s death is ineffective to that extent. The section applies to leases entered into or renewed from and after 1 July 2011.

Mississippi Lease Statute Reference Table

SubjectMississippi RuleCitation
Short titleResidential Landlord and Tenant Act89-8-1
Scope and exclusionsRental agreements after July 1, 1991; excludes hotels, institutions, cooperatives, agricultural occupancy89-8-3
Prohibited provisionsAnti-waiver; no confession of judgment; no exculpation for willful misconduct89-8-5
Rent includes late fees“Rent” means all payments including lease-required late fees; notice to agent equals notice to landlord89-8-7
Obligation of good faithApplies to every duty and every condition precedent, including termination and removal89-8-9
House rulesFive enforceability tests; later rules need notice and no substantial modification89-8-11
Material noncompliance14 days with cure; 14 days without cure on repeat within six months; 3 days for nonpayment89-8-13
Repair and deduct30 days notice; one month’s rent ceiling; 45-day reimbursement; once per six months; rent current89-8-15
Expiration and holdoverTerm expires on its date; 3 days notice before holdover eviction; dominant-purpose retaliation limit89-8-17
Termination notice7 days week-to-week; 30 days month-to-month; NO notice for a health or safety violation89-8-19
Security depositNO cap; itemized written notice; return within 45 days of termination, possession AND demand; bad-faith damages89-8-21
Landlord duty to maintainCodes materially affecting health and safety; substantially the same condition as at inception89-8-23
Tenant dutiesNine duties, including reporting damaging conditions and no documented illegal activity89-8-25
Cosigner on death of lesseeDerrick Beard Act; presumed termination; 30-day notice to keep the lease; waiver void89-8-29
Grounds for evictionBreach under 89-8-13, or failure to vacate under 89-8-17 and 89-8-1989-8-31
Eviction filingSworn affidavit or complaint plus a copy of the notice given89-8-33
Eviction summonsPrescribed plain-English warning to the tenant (amended 2025)89-8-35
JudgmentDefault and merits judgments; signed and executed the same business day89-8-37
Removal7 days to vacate; posting does not execute a warrant; 72 hours to retrieve property; pay-and-stay89-8-39
Adjournments10 days per adjournment; 30 days outer limit from filing89-8-41
AppealsPer the applicable Mississippi Rules of Court89-8-43
Holdover double rentDouble rent after expiry and notice to vacate — only if not contradicted by the lease89-8-45
Non-dwelling removalThree-day rent notice for premises NOT constituting a dwelling unit — not the residential route89-7-27
Deserted non-dwelling premisesConstable procedure on lands with rent in arrear; old Chapter 7 scheme89-7-49
Warrant of removal (old)REPEALED in 2022 along with 89-7-41 — do not cite it89-7-45
Landlord entryNO statutory provision anywhere in the Act — set by the leasenone
Writing requirementLeases longer than one year in writing and signed; no witnesses or notary required15-3-1

Where Mississippi Is Silent, This Lease Governs

It is worth collecting the silences in one place, because they are the reason a Mississippi lease deserves more attention than a lease in a heavily regulated state. On each of the following, the Act supplies no rule at all, and whatever the parties end up with is whatever the lease says:

  • The maximum security deposit. No cap in 89-8-21 or anywhere else.
  • Where the deposit is held. No trust-account or interest requirement.
  • Landlord entry. No entry section in 89-8-1 through 89-8-45, so no notice period, no permitted purposes, no hours.
  • Late fees and grace periods. No cap, no grace period — but 89-8-7(1)(k) makes a lease-stated fee recoverable as rent.
  • Lease disclosures. None required by the state; only the federal lead-based paint rule applies.
  • Attorney fees. Neither prohibited by 89-8-5 nor granted by any section.
  • Retaliation. No standalone statute; only the dominant-purpose limit inside 89-8-17(2).
  • Rent-increase notice on a periodic tenancy. No separate period; it runs through the 89-8-19 termination notice.
  • Holdover damages. Section 89-8-45 supplies a default that the lease is expressly permitted to contradict.

Every one of those is an election in the form above, or a figure the form asks you to set. That is the design principle of this page: where the statute speaks, the generated lease quotes it; where the statute is silent, the lease says so on its face and then makes the choice explicit, so neither party discovers the gap for the first time during a dispute.

Common Mistakes on Mississippi Lease Agreements

  • Citing 89-7-27 for a residential eviction. That section covers premises not constituting a dwelling unit. The residential nonpayment notice is 89-8-13(5)(a).
  • Citing 89-7-45. It was repealed in 2022 together with 89-7-41. Removal is now 89-8-39.
  • Treating the 45-day deposit clock as running from move-out. Section 89-8-21(3) also requires delivery of possession and demand by the tenant.
  • Not itemizing a deposit deduction. The written notice must itemize the amounts claimed, and bad-faith retention adds damages on top of actual damages.
  • Assuming there is a deposit cap. There is not one, so the number in the lease is the number.
  • Printing a twenty-four-hour entry notice as Mississippi law. There is no Mississippi entry statute; the lease must create the term.
  • Leaving entry out of the lease entirely. With no statutory default, silence means no agreed notice at all.
  • Charging a late fee the lease never mentions. Section 89-8-7(1)(k) only makes fees “required to be paid under the rental agreement” recoverable as rent.
  • Sending a breach notice by text without written consent. Sections 89-8-13 and 89-8-17 allow it only where the recipient agreed in writing.
  • Using a generic holdover clause. It can silently contradict 89-8-45 and give away the double-rent charge.
  • Assuming the tenant always gets a cure period. A repeat of substantially the same breach within six months removes it under 89-8-13(3)(b).
  • Forgetting that 89-8-13 runs both ways. A tenant can terminate on fourteen days’ notice for the landlord’s material noncompliance with 89-8-23.
  • Telling a Mississippi tenant to withhold rent. The remedy is the conditional repair-and-deduct at 89-8-15, and it requires the tenant to be current in rent.
  • Including a broad landlord-exculpation clause. Section 89-8-5(b) voids it to the extent it reaches the landlord’s willful misconduct.
  • Importing radon, flood, mold or bed bug disclosures. Mississippi requires no state disclosure at all.
  • Relying on a codified mirror alone. The freely available Mississippi text is stamped current as of 1 January 2025 and predates two 2025 acts.

Tenant Screening — the First Line of Defense

A well-drafted lease decides who wins a dispute; screening decides whether there is one. Mississippi puts more weight on the lease than most states, because the statutory floor beneath it is so thin — and the same feature that gives a landlord latitude also means a bad tenancy has fewer statutory off-ramps for either side. Verifiable income, a clean payment history, and no prior eviction filings remain the strongest predictors of a quiet tenancy. Our tenant screening report covers credit, eviction filings, criminal background, and employment verification, and Mississippi tenant screening laws covers what you may and may not ask. Screen first, then paper the tenancy with this lease. If pets are on the table, read Mississippi pet and assistance animal laws before you write the clause.

Bottom line

Mississippi leases are governed by the Residential Landlord and Tenant Act at Miss. Code Ann. 89-8-1 through 89-8-45 — a thin scheme in which the lease does most of the work. There is no security deposit cap; the accounting under 89-8-21 is due within 45 days of termination, delivery of possession and demand by the tenant, and bad-faith retention costs the landlord damages on top. The landlord’s duty under 89-8-23 is to keep the unit in substantially the same condition as at inception, so document move-in. Breach notice is 14 days with cure under 89-8-13, 3 days for nonpayment, and none at all for a health or safety violation under 89-8-19(4). Repair-and-deduct exists at 89-8-15 but only if the tenant is current in rent. Mississippi sets no entry notice, so the lease must create one — and 89-8-45’s double-rent holdover applies only if your lease does not contradict it.

Frequently Asked Questions

Is there a security deposit limit in Mississippi?

No. Mississippi sets no statutory maximum on a residential security deposit. Miss. Code Ann. 89-8-21 governs how a deposit is held, what may be deducted, how deductions must be itemized, when the balance is returned and what happens if it is kept in bad faith — but it imposes no cap of any kind. The amount is a matter of agreement, which is why the lease should state it precisely.

How long does a Mississippi landlord have to return a security deposit?

No later than 45 days, but the clock has a three-part trigger that most sources omit. Miss. Code Ann. 89-8-21(3) requires the remaining portion to be returned no later than forty-five days after the termination of the tenancy, the delivery of possession and demand by the tenant. All three elements are in the statutory text, so a tenant should make a written demand at move-out, and a landlord who wants a certain deadline can waive the demand requirement in the lease.

What happens if a Mississippi landlord wrongfully keeps a deposit?

Miss. Code Ann. 89-8-21(4) provides that retention of a deposit in violation of the section and with absence of good faith may subject the landlord, or the landlord’s transferee, to damages not to exceed two hundred dollars in addition to any actual damages. Separately, 89-8-21(2) makes the tenant’s claim to the deposit prior to the claim of any creditor of the landlord.

What must a Mississippi landlord maintain?

Miss. Code Ann. 89-8-23(1) requires the landlord at all times during the tenancy to comply with applicable building and housing codes materially affecting health and safety, and to maintain the dwelling unit, its plumbing and its heating or cooling system in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded. That is a substantially-the-same-condition duty measured from move-in, not a general warranty of habitability.

Can a Mississippi tenant repair and deduct?

Yes, under Miss. Code Ann. 89-8-15, and only on five conditions. The tenant must give written notice of a specific and material defect and wait 30 days; the expense must not exceed one month’s rent; the tenant must not have used the remedy in the preceding six months; the tenant must be current in rent; and the tenant must have complied with 89-8-25. Reimbursement is due within 45 days of receipted bills and may be offset against future rent.

How much notice must a Mississippi landlord give before entering?

None by statute. The Mississippi Residential Landlord and Tenant Act runs from 89-8-1 to 89-8-45 and contains no section governing landlord access. There is no statutory notice period, no limit on hours and no statutory bar on abusing access. Any notice requirement exists only because the lease creates it, which is why this generator asks you to choose one rather than printing a figure with no Mississippi source.

What notice comes before an eviction in Mississippi?

Three days for nonpayment of rent under Miss. Code Ann. 89-8-13(5)(a), and fourteen days with a right to cure for any other material noncompliance under 89-8-13(3). A separate three-day notice applies to a tenant holding over after a fixed term expires under 89-8-17. Sources that cite 89-7-27 for a residential eviction are citing the wrong chapter — that section applies only to premises not constituting a dwelling unit.

Can a Mississippi eviction notice be sent by email or text?

Only if the party being notified has agreed in writing to be notified that way. Miss. Code Ann. 89-8-13 and 89-8-17 both permit notice by email or text message on that express condition. The lease is the natural place to record the written agreement, and without it the notice must be given in writing in the ordinary sense.

How much notice ends a Mississippi month-to-month tenancy?

Thirty days before the termination date, under Miss. Code Ann. 89-8-19(3). A week-to-week tenancy takes at least seven days under 89-8-19(2). Section 89-8-19(4) then removes the notice requirement entirely where the landlord or tenant has committed a substantial violation of the rental agreement or the chapter that materially affects health or safety.

Can a Mississippi landlord charge double rent for a holdover?

Yes, unless the lease says otherwise. Miss. Code Ann. 89-8-45 lets a landlord charge double the rent for the time a tenant continues in possession after a definite term expires and notice to vacate, but only if not contradicted by the rental agreement. Because the statute expressly yields to the lease, holdover damages in Mississippi are a drafting election rather than a fixed rule.

Does Mississippi protect tenants against retaliation?

Barely. Mississippi has no standalone retaliation statute. The only retaliation language in the whole Act sits inside Miss. Code Ann. 89-8-17(2), which lets a landlord demand a rent increase after a fixed term expires provided the action did not have the dominant purpose of retaliation for the tenant’s actions authorized under the chapter, and the landlord received written notice of each condition concerned. There is no presumption period, no damages provision and no general retaliatory-eviction defence.

Which lease clauses are unenforceable in Mississippi?

Miss. Code Ann. 89-8-5 is the prohibited-provisions section. A landlord or tenant may not agree to waive or forego any of the rights, duties or remedies under the chapter except as the chapter allows; and no rental agreement may authorize any person to confess judgment on a claim arising out of it, or agree to exculpate or limit the landlord’s liability for the landlord’s own willful misconduct. Attorney fees are not mentioned, so a fee clause is a matter of contract.

What disclosures does Mississippi require in a residential lease?

None under state law. The Mississippi Residential Landlord and Tenant Act contains no disclosure section at all — no radon, flood, mold, asbestos, bed bug or landlord identification requirement. Federal law adds the lead-based paint disclosure for housing built before 1978. Any Mississippi template carrying state disclosure blocks was written for another jurisdiction.

What happens to a Mississippi lease when the tenant dies?

Miss. Code Ann. 89-8-29, the Derrick Beard Act, provides that any cosigner of a residential lease may terminate, and is presumed to have terminated, the lease before its expiration upon the death of the lessee or of all lessees. A cosigner who chooses not to terminate must notify the lessor within thirty days. Liability remains for rent owed before the death, rent for the remainder of that thirty-day period, and restoration of the premises. Any attempted waiver of the right is void and unenforceable.

How long does a Mississippi tenant have to move out after an eviction judgment?

Seven days from the date of the judgment, unless the court finds a shorter or longer period justified by an emergency or other compelling circumstances, under Miss. Code Ann. 89-8-39(1). After a warrant of removal is executed the landlord must allow the tenant reasonable access for seventy-two hours to remove personal property. A warrant is not executed merely by posting it on the door — officers must remove the occupants and place the landlord in physical possession.

Does a Mississippi lease need to be notarized or witnessed?

No. Mississippi requires no subscribing witnesses and no notarization for a residential lease. A lease for a longer term than one year must be in writing and signed by the party to be charged to satisfy the statute of frauds at Miss. Code Ann. 15-3-1(c). A lease of one year or less may be oral, though in a state this thin on statutory defaults an oral lease leaves both sides with almost nothing to point at.

Screen the applicant before you sign the lease

Mississippi’s landlord-tenant statute is one of the thinnest in the country, which puts the weight on your lease and on who you hand the keys to. Tenant Screening Background Check has been verifying Mississippi renters since 2004 — credit, eviction filings, criminal background, and employment verification, across all fifty states and DC, with no monthly fees.

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Legal Disclaimer: This Mississippi residential lease agreement generator is provided for general informational purposes only and is not legal advice. Mississippi’s chapter was amended twice in 2025, by SB 2328 and by HB 1200, and the freely available codified mirrors of the Mississippi Code are stamped current as of 1 January 2025 and do not yet carry those changes. Where this page states a figure it was checked against the enrolled bill text as well as the codified section, and the 2026 regular session was swept for further amendments. State law changes. Read the current statutes through the Mississippi Legislature. Consult a qualified Mississippi landlord-tenant attorney before signing or enforcing a lease.