Mississippi Lease Agreements & Landlord-Tenant Law

As one of the most landlord-friendly states, Mississippi is an ideal state to invest in rental property. Paired with a lower than average home value and low cost of living, Mississippi should be on the list for anyone looking to expand their rental resume. It should also be on the list for anyone looking to relocate. This is a state with a rich history, geography, and quality of life.

Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Mississippi voting information here.

Mississippi Renters’ Rights and Landlord Responsibilities

• Must return security deposit within 45 days
• No notice required before raising rent
• No notice required before entering the property
• Required to make repairs within 30 days

When it comes to Mississippi rental laws, there are a few specifics landlords need to know:

1. Security Deposit – Mississippi law does not limit the amount a landlord may charge for the security deposit. Landlords must return the deposit within 45 days of the tenant moving out.
2. Raising Rent – Landlords in Mississippi may increase the rent to any amount with no notice or justification.
3. Notice of Entry – Mississippi does not require any notice before entering the unit or property.
4. Repairs – Landlords must make repairs within 30 days of receiving written notice. If a landlord fails to make the repair within this period, the tenant may make the repairs themselves and deduct the cost from the future rent payment.

Mississippi Landlords’ Rights and Tenant Responsibilities

• Tenants have three days to pay rent after they receive a written notice
• Must give a 30-day notice before terminating a lease
• Tenants must keep the property clean and free from hazards

1. Overdue Rent – If a tenant fails to pay rent on time, the landlord must give them a notice and three days to pay. If the tenant fails to pay, the landlord may file for eviction.
2. Terminating a Lease – If a tenant needs to terminate a month-to-month lease, they must give the landlord a 30-day notice.
3. Tenant Responsibilities – Tenants are required to keep the property clean and not disturb neighbors.

Rental Application Fee

There are no additional rental application fee laws in Mississippi.

Criminal History Check

• HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately.
  • However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide and/or stalking, denying the application is allowed.
• Landlords should have a consistent and equal policy or procedure in place to follow regarding criminal background checks so as not to discriminate against one class of people over another.
• HUD states that a landlord cannot ask about arrest records, only convictions, as innocent people are commonly arrested though the situation may not have resulted in a conviction.
• Some municipalities may have written their own laws expanding onto what you can and cannot ask regarding criminal backgrounds during the tenant screening process.

Repairs

Landlords must make repairs within 14 days.

Lease Termination

For a yearly lease, 60 days’ advance notice is required.

For a month-to-month lease, 30 days’ advance notice is required.

Rent Increase

Landlords must provide 30 days advance notice of rent increases for month-to-month leases.

Build a Mississippi lease agreement in less than 15 minutes.

Mississippi Lease Agreement Example

There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Mississippi lease agreement listing details found in Section 1:

Mississippi Landlord-Tenant Law FAQ

Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Mississippi:

Due Diligence and Mississippi Rental Laws

TurboTenant has utilized many municipal sources and official state statutes to compile this information to the best of our ability. However, local laws are constantly in flux, and landlords and tenants alike should do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Mississippi. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws, and consult legal counsel should questions arise.

Mississippi Landlord-Tenant Law Resources

• Landlord Tenant Law – § 89-7
• Residential Landlord and Tenant Act – § 89-8

Mississippi Fair Housing Resources

• Local Tenant Rights, Laws, and Protections: Mississippi – HUD
• HUD in Mississippi
• Discrimination in Housing – The Mississippi Bar

Other State Resources

• Cur-RENT Law for Tenants and Landlords – Mississippi Bar Association
• Moving In: A Guide to Landlord-Tenant Law – University of Mississippi

Mississippi Associations

• The Mississippi Apartment Association
• Mississippi Association of REALTORS®

Mississippi City-Specific Housing Resources

• Central Mississippi Realtors® – Jackson, MS
• Gulf Coast Association of REALTORS® – Gulfport, MS
• Northwest Mississippi Association of REALTORS® – Southaven, MS

Federal Fair Housing Resources

• Federal Fair Housing Act
• United States Department of Housing and Urban Development (HUD)
• Civil Rights Act of 1968 (Wikipedia)