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Mississippi landlord-tenant law
Checked against the Mississippi statutes on October 1, 2026 Statutes current through: Acts through the 2026 Regular Session, checked section by section in the Legislature's code-section lookup on 2026-09-23; every Act page refetched unchanged on 2026-10-01 General information, not legal advice
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Mississippi in brief
Mississippi's Residential Landlord and Tenant Act sets no cap on security deposits, but you must return what is left, with a written itemized notice of any amounts you keep, no later than 45 days after the tenancy ends, the tenant delivers possession and the tenant asks for it. For unpaid rent you may give notice that the rental agreement will terminate if the rent is not paid within three days; for other material breaches the notice must set a termination date at least 14 days after the tenant receives it, and a breach remedied in time before that date stops the termination. Either side can end a month-to-month tenancy with 30 days' written notice, or a week-to-week tenancy with 7 days' notice. The Act sets no late-fee cap or grace period, no entry notice and no rent increase notice, though a late fee the lease requires counts as rent. If you fail to fix a material defect within 30 days after written notice, the tenant may repair it and be reimbursed, within strict limits. The official Mississippi Code is published only through LexisNexis, which was not read, so this page is written from the Legislature's session laws and, for six older sections including the deposit rules, from a 2024 bill that reprinted them unchanged and was not enacted.
Key numbers
- Security deposit limit
- None in the Act
- the deposit section sets no maximum
- Miss. Code Ann. § 89-8-21 (reprinted in 2024 HB 1580, not enacted)
- Deposit return deadline
- 45 days
- after the tenancy ends, possession is delivered and the tenant demands it
- Miss. Code Ann. § 89-8-21(3) (reprinted in 2024 HB 1580, not enacted)
- Notice for unpaid rent
- 3 days
- notice that the agreement terminates if rent is not paid
- Miss. Code Ann. § 89-8-13(5)(a)
- Notice to cure a breach
- 14 days
- termination date at least 14 days after the tenant receives the notice
- Miss. Code Ann. § 89-8-13(3)
- Ending month to month
- 30 days
- written notice by either side; 7 days for week to week
- Miss. Code Ann. § 89-8-19(3)
- Landlord entry notice
- None in the Act
- the lease sets the notice period
- Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39Miss. Code Ann. §§ 89-8-3, 89-8-7Miss. Code Ann. § 89-8-29Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
- Rent increase notice
- None in the Act
- no notice period or size limit in the Act
- Miss. Code Ann. § 89-8-17(2)
- Late fee grace period
- None in the Act
- no cap either; a late fee the lease requires is rent
- Miss. Code Ann. § 89-8-7(1)(k)
- Repair and deduct
- 30 days
- after written notice; no reimbursement if the repair costs more than one month's rent
- Miss. Code Ann. § 89-8-15(1)
Before you sign
Application and screening fees
Not set by statuteThe Act does not regulate application or screening fees. A payment made to secure the execution of a rental agreement, such as a holding payment or an advance payment of rent, falls outside the Act's deposit rules.
Miss. Code Ann. § 89-8-21(1) (reprinted in 2024 HB 1580, not enacted)
More detail (1)
- Application criteria and advertising must respect the federal fair-housing protections that cover the property. A fee rule does not resolve discrimination or a disability-accommodation request; review the fair-housing section before applying screening criteria. 42 U.S.C. 3603 and 3604 See Fair housing
Fair housing
Partly readFor housing covered by the federal Fair Housing Act, do not deny housing, change rental terms or publish discriminatory advertising because of race, color, religion, sex, national origin, familial status or disability. Only the selected federal sections cited here were read; Mississippi-specific and local protections remain unchecked.
More detail (2)
- Covered housing must allow necessary reasonable disability accommodations in rules, policies, practices or services, and reasonable modifications at the resident's expense. When reasonable, a modification may require an agreement to restore the interior, except for reasonable wear and tear. The statute also preserves limits for a direct threat to others' health or safety or substantial physical damage to others' property. 42 U.S.C. 3604(f)(1) to (3), (9)
- Check coverage before relying on an exemption. Section 3603(b) limits certain owner-rented single-family homes and owner-occupied buildings of up to four families, with specific ownership and brokerage conditions; its exemption retains the advertising prohibition. Section 3607 has limited religious, private-club and qualifying older-person housing provisions. A label alone does not establish eligibility. 42 U.S.C. 3603(b), (c) 42 U.S.C. 3607
Required disclosures
Partly readThe Act requires no particular disclosure in a lease. Other Mississippi statutes and federal rules, such as the lead-based paint disclosure for older housing, were not read for this page.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
Rentari adds the federal lead-based paint disclosure addendum to a Mississippi lease when the property was built before 1978 and no exemption applies.
Flood disclosure
Not set by statuteThe Act requires no flood disclosure to a tenant.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
Landlord and manager identity
The Act does not require you to disclose the owner's or manager's name and address. Notice given to your agent counts as notice to you, and you may contract with an agent to take on your rights and duties under the Act, though you remain ultimately liable for them.
Deposits, rent and fees
Security deposit limit
Not set by statuteMississippi's Residential Landlord and Tenant Act sets no maximum security deposit. Its deposit section covers any payment whose main purpose is to secure the tenant's performance of the rental agreement, and it controls how that money is held, charged and returned, not how much it may be. Only the Act was read for this point.
Miss. Code Ann. § 89-8-21 (reprinted in 2024 HB 1580, not enacted)
More detail (1)
- A payment made to secure the execution of a rental agreement, including an advance payment of rent, is outside the deposit section's rules. Miss. Code Ann. § 89-8-21(1) (reprinted in 2024 HB 1580, not enacted) See Application and screening fees
The Rentari Mississippi lease states the deposit amount and what it secures, without claiming a legal limit.
Returning the deposit
You may keep only amounts reasonably necessary to cover unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning when the tenancy ends, or other reasonable and necessary expenses caused by the tenant's default, and only if the deposit was made for those purposes. Claim them by written notice delivered to the tenant that itemizes the amounts, and return the rest no later than 45 days after the tenancy ends, the tenant delivers possession and the tenant demands the deposit.
Miss. Code Ann. § 89-8-21(3) (reprinted in 2024 HB 1580, not enacted)
More detail (3)
- The 45 days run only once all three have happened: the tenancy has ended, the tenant has delivered possession and the tenant has demanded the deposit. Miss. Code Ann. § 89-8-21(3) (reprinted in 2024 HB 1580, not enacted)
- Keeping a deposit in violation of the section and without good faith may subject the landlord, or a transferee, to damages of up to $200 on top of actual damages. Miss. Code Ann. § 89-8-21(4) (reprinted in 2024 HB 1580, not enacted)
- When a rental agreement is terminated for breach, the landlord must return all prepaid and unearned rent and the security the tenant can recover under the deposit section. Miss. Code Ann. § 89-8-13(4)
The Rentari Mississippi lease restates the permitted purposes, the itemized written notice, the 45-day return after the tenancy ends, possession is delivered and the tenant demands it, and the $200 bad-faith damages.
Deposit account and interest
The landlord holds the deposit for the tenant, and the tenant's claim to it comes ahead of the claim of any of the landlord's creditors. The Act does not require a separate or interest-bearing account and does not require interest to be paid.
Miss. Code Ann. § 89-8-21(2) (reprinted in 2024 HB 1580, not enacted)
The Rentari Mississippi lease says the landlord holds the deposit for the tenant.
Move-in condition
Not set by statuteThe Act requires no move-in inspection, checklist or condition report. Its repair duty is measured against the start of the lease: you keep the unit and its plumbing, heating and cooling in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, so a dated record of the move-in condition is useful evidence.
Miss. Code Ann. § 89-8-23(1)(b) (reprinted in 2024 HB 1580, not enacted)
The Rentari Mississippi lease has no move-in checklist of its own; its repair clause measures upkeep against the condition at the start of the lease.
Rent and late fees
The Act sets no cap on late fees and no grace period. It defines rent as every payment due to the landlord under the rental agreement, including any late fees the agreement requires a defaulting tenant to pay, so a late fee your lease requires is treated as rent.
Miss. Code Ann. § 89-8-7(1)(k)
More detail (1)
- In a hearing to evict for nonpayment of rent, the judge must abide by the provisions of the rental agreement the landlord and the tenant signed. Miss. Code Ann. § 89-8-13(5)(b) See Eviction process
The Rentari Mississippi lease charges the late fee you set after the grace day you choose, as a term of the lease, and says a late fee the lease requires is rent; Rentari suggests no more than 5 percent of rent or $100, whichever is less, after 3 days, as its own guideline and not as Mississippi law.
Returned payment fee
Partly readThe Act does not mention returned-payment fees. Mississippi's bad check law presumes intent to defraud when a check or electronic payment is refused and the maker does not pay the amount plus a $40 service charge within 15 days after receiving notice that it was not paid. Whether that $40 also limits a returned-payment fee written into a lease depends on a civil section, Miss. Code 11-7-12, that could not be read, so this page states no cap.
Miss. Code Ann. § 97-19-57(1)
More detail (1)
- The notice the bad check law describes is sent by regular mail in a set form and gives 15 days from receipt to pay the full amount plus the $40 service charge. Miss. Code Ann. § 97-19-57(2)
The Rentari Mississippi lease adds a returned-payment fee only when you set one, treated as additional rent.
Rent increase notice
The Act sets no notice period for a rent increase and no limit on its size. After a rental agreement expires, the Act lets you demand a rent increase if that action did not have the dominant purpose of retaliating against the tenant for actions the Act authorizes and you received written notice of each condition that was the subject of the tenant's actions.
Miss. Code Ann. § 89-8-17(2)
More detail (1)
- A month-to-month tenancy can be ended by either side on 30 days' written notice. Miss. Code Ann. § 89-8-19(3) See Ending a month-to-month tenancy
The Rentari Mississippi lease repeats the rule on rent increases demanded after the lease expires.
During the tenancy
Landlord entry
Not set by statuteThe Act sets no notice period or other rule for a landlord's entry, so the lease decides. A clear written entry term with an emergency exception avoids disputes.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
The Rentari Mississippi lease gives the written entry notice you set, 24 hours by default, except in an emergency, as a term of the lease.
Repairs and habitability
At all times during the tenancy you must comply with building and housing codes that materially affect health and safety, and keep the unit and its plumbing, heating and cooling systems in substantially the same condition as at the start of the lease, reasonable wear and tear excluded. No duty arises for a defect the tenant, or someone on the premises with the tenant's permission, caused deliberately or negligently, or one caused by the tenant's failure to meet the tenant's own duties.
Miss. Code Ann. § 89-8-23 (reprinted in 2024 HB 1580, not enacted)
More detail (3)
- You and the tenant may agree in writing that the tenant performs some or all of these duties, but only if the agreement is made in good faith. Miss. Code Ann. § 89-8-23(3) (reprinted in 2024 HB 1580, not enacted)
- The tenant must keep the part of the premises the tenant uses clean and safe, dispose of waste properly, use the facilities reasonably, not damage the premises, not disturb the neighbors, tell you about conditions that may cause damage, and not engage in illegal activity on the premises as documented by a law enforcement agency. Miss. Code Ann. § 89-8-25 (reprinted in 2024 HB 1580, not enacted)
- Every duty under the Act, including ending a tenancy or removing a tenant, carries an obligation of good faith. Miss. Code Ann. § 89-8-9
The Rentari Mississippi lease restates the landlord's code and upkeep duties, with the same exception for damage the tenant causes.
Tenant repair remedies
If you fail to repair a specific and material defect within 30 days after the tenant's written notice, the tenant may repair it and is entitled to reimbursement within 45 days after giving you receipted bills, but only if the tenant has met the tenant's own duties, the repair costs no more than one month's rent, the tenant has not used this remedy in the previous six months and the tenant is current on rent. Reimbursement is limited to the usual and customary charge, and the tenant may offset the cost against future rent.
More detail (4)
- For a material breach of the lease or of your repair duties, the tenant may instead give written notice specifying the breach and that the rental agreement will terminate on a date not less than 14 days after you receive it unless you remedy the breach within a reasonable time of no more than 14 days. Miss. Code Ann. § 89-8-13(2), (3)
- Before repairing facilities shared with other units, the tenant must notify the other tenants and arrange the work to cause the least practicable inconvenience. Miss. Code Ann. § 89-8-15(3)
- The repair remedy does not create a lien on the property. Miss. Code Ann. § 89-8-15(5)
- Keep the written defect notice and its delivery date with photos, the landlord's replies, rent-payment records and itemized paid repair bills. Note any earlier use of this remedy so the six-month restriction can be checked. Match the claimed work to the defect reported and the usual local charge. A repair request alone does not establish that every condition for reimbursement or a future rent offset has been met. Miss. Code Ann. § 89-8-15
The Rentari Mississippi lease restates the repair-and-reimburse remedy with all of its conditions.
Locks and security devices
Not set by statuteThe Act sets no lock, rekey or security device requirement.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
The Rentari Mississippi lease has the landlord provide working exterior locks and bars the tenant from changing them without written permission.
Smoke alarms
Partly readThe Act has no smoke alarm section. It does require you to comply with building and housing codes that materially affect health and safety, and it defines those codes to include any law, ordinance or governmental regulation on fitness for habitation; state and local fire and building codes were not read for this page.
Miss. Code Ann. § 89-8-23(1)(a) (reprinted in 2024 HB 1580, not enacted) Miss. Code Ann. § 89-8-7(1)(a)
The Rentari Mississippi lease has the landlord provide working smoke and carbon monoxide detectors at the start of the tenancy and bars the tenant from disabling them.
Retaliation
Partly readThe Act has no general ban on retaliation. Its only retaliation rule concerns rent: after a rental agreement expires, you may demand a rent increase if that action did not have the dominant purpose of retaliating against the tenant for actions the Act authorizes and you received written notice of each condition that was the subject of the tenant's actions. Mississippi court decisions on retaliatory eviction were not read for this page.
Miss. Code Ann. § 89-8-17(2)
The Rentari Mississippi lease bars retaliation against the tenant for exercising legal rights or reporting code violations, as a term of the lease.
Lockouts and utility shutoffs
Partly readThe Act's eviction path ends with a warrant for removal that the sheriff or a constable carries out by removing the occupants and putting the landlord in physical possession. The Act has no separate section on lockouts or utility shutoffs, and Mississippi's older eviction chapter and court decisions were not read for this page, so check them before using any self-help.
Miss. Code Ann. § 89-8-39(2)
More detail (3)
- Even after you win possession, the tenant keeps the same access to the premises the rental agreement allowed until the court-ordered move-out date, and only law enforcement executing a warrant for removal puts you in possession. Miss. Code Ann. § 89-8-39(1), (2) See Eviction process
- A person who receives money under a lease or rental agreement to pay utility services commits a crime by knowingly, willfully and unlawfully failing to apply it to the amount owed within 60 days after receiving the utility bill. This does not apply when the bill cannot be paid because the tenant did not pay enough on time, or because of an administrative, clerical or technical error by the utility company. Miss. Code Ann. § 89-7-46
- Except where the Act itself allows it, a rental agreement may not waive the rights, duties or remedies the Act gives either side, authorize anyone to confess judgment, or exculpate or limit the landlord's liability for the landlord's willful misconduct. Miss. Code Ann. § 89-8-5 (reprinted in 2024 HB 1580, not enacted)
The Rentari Mississippi lease says nothing in its property clause authorizes self-help repossession.
Ending a tenancy
Ending a month-to-month tenancy
Unless the rental agreement fixes a definite term, a tenancy is week to week when the tenant pays weekly rent and month to month in all other cases. Either side may end a month-to-month tenancy by written notice given at least 30 days before the termination date, or a week-to-week tenancy by written notice given at least 7 days before it.
Miss. Code Ann. § 89-8-19(1) to (3)
More detail (2)
- No notice to terminate is required when the landlord or tenant has committed a substantial violation of the rental agreement or the Act that materially affects health or safety. Miss. Code Ann. § 89-8-19(4)
- If the tenant does not leave after the tenancy ends, you may start an eviction for failing to vacate, filing a copy of your written termination notice. Miss. Code Ann. § 89-8-31(b) Miss. Code Ann. § 89-8-33(b)(ii) See Eviction process
The Rentari Mississippi lease restates the 30-day and 7-day written notice periods and the health or safety exception.
Ending a fixed-term lease early
Partly readA fixed-term rental agreement expires on the date it states, and the Act gives the tenant no general right to leave early. It does let a cosigner end a lease when the tenant dies. The Act has no early-termination rule for victims of domestic violence or for servicemembers; other Mississippi law and the federal Servicemembers Civil Relief Act were not read for this page.
Miss. Code Ann. § 89-8-17(1) Miss. Code Ann. § 89-8-29
More detail (2)
- A cosigner may end the lease before it expires when the tenant, or every tenant, dies, and is presumed to have done so unless the cosigner tells the landlord within 30 days of the death that the cosigner chooses not to terminate. Miss. Code Ann. § 89-8-29(2) See Death of a tenant
- A court issuing a domestic abuse protection order may grant the petitioner possession of the residence or household to the exclusion of the respondent, by evicting the respondent or restoring possession to the petitioner, or both. Miss. Code Ann. § 93-21-15
The Rentari Mississippi lease restates the cosigner's right to end the lease on the tenant's death and includes clauses on domestic abuse protection orders and the federal servicemember termination right.
Notice for unpaid rent
If rent is not paid, you may deliver a notice saying the rental agreement will terminate if the rent is not paid within three days. The notice must be in writing, or by email or text message if the tenant agreed in writing to be notified that way. The Act does not say whether the three days are calendar or business days.
Miss. Code Ann. § 89-8-13(5)(a)
More detail (4)
- A copy of the written notice of breach must be filed with the sworn affidavit or complaint that starts the eviction. Miss. Code Ann. § 89-8-33(b)(i) See Eviction process
- Rent includes any late fees the rental agreement requires a defaulting tenant to pay. Miss. Code Ann. § 89-8-7(1)(k) See Rent and late fees
- Mississippi's older three-day notice to pay rent or give up possession now applies only to premises that are not a dwelling unit. Miss. Code Ann. § 89-7-27
- In a nonpayment case, the summons the Act prescribes tells the tenant that paying all sums owed before the eviction hearing, or afterward by the court-ordered move-out date, means the tenant does not have to move out. Miss. Code Ann. § 89-8-35(2) See Eviction process
The Rentari Mississippi lease's tenant rights section states the three-day nonpayment notice and that a notice of breach or nonpayment may go by email or text if the receiving party agreed to that in writing.
Notice for other lease violations
For a material breach other than unpaid rent, you may deliver a notice specifying the acts and omissions that make up the breach and saying the rental agreement will terminate on a date not less than 14 days after the tenant receives it if the breach is not remedied within a reasonable time of no more than 14 days. If the tenant adequately remedies a remediable breach before that date, the agreement does not terminate.
Miss. Code Ann. § 89-8-13(1), (3)
More detail (5)
- The notice must be in writing, or by email or text message if the tenant agreed in writing to be notified that way. Miss. Code Ann. § 89-8-13(3)
- If substantially the same breach recurs within six months after an earlier notice and the tenant cannot show due care, you may terminate on at least 14 days' notice specifying the breach and the termination date. Miss. Code Ann. § 89-8-13(3)(b)
- No notice to terminate is needed when the tenant has committed a substantial violation of the rental agreement or the Act that materially affects health or safety. Miss. Code Ann. § 89-8-19(4)
- A party may not terminate for a condition caused by that party's own deliberate or negligent act or omission, or by a family member or other person on the premises with that party's consent. Miss. Code Ann. § 89-8-13(3)(c)
- The 14 days count from the tenant's receipt, and the Act does not say when a mailed or posted notice is received, so allow for delivery time when you choose the termination date. Miss. Code Ann. § 89-8-13(3)
Eviction process
Partly readYou may start an eviction for a breach of the rental agreement or the Act after the breach or nonpayment notice, or for failing to vacate after the agreement ends or expires. You file a sworn affidavit or complaint stating the facts, the unit's address and any rent and fees owed, with a copy of the written notice you delivered. The summons orders the tenant to vacate or to show cause on a named day, and a judgment must be signed on the same business day it is granted. Service of the summons and appeals follow the Mississippi Rules of Court, which were not read for this page.
Miss. Code Ann. § 89-8-31 Miss. Code Ann. § 89-8-33 Miss. Code Ann. § 89-8-35 Miss. Code Ann. § 89-8-37
More detail (5)
- In the Act, a court means a justice court, a county court or a circuit court. Miss. Code Ann. § 89-8-7(1)(b)
- If you win possession, the judge orders the tenant to vacate in 7 days from the judgment unless an emergency or other compelling circumstance justifies a shorter or longer period. After that date you may request a warrant for removal, which law enforcement executes by removing all occupants; posting it on the door does not count. Miss. Code Ann. § 89-8-39(1), (2)
- In a case based only on unpaid rent, no warrant issues if the tenant pays all unpaid rent and other sums in the judgment by the move-out date, or if you accept payment of those amounts after that date, and you must accept full payment tendered by the move-out date in good faith. Miss. Code Ann. § 89-8-39(4)
- A single adjournment may not exceed 10 days without both sides' consent, and adjournments may not carry the hearing beyond 30 days after the eviction was filed. Miss. Code Ann. § 89-8-41
- Service of the summons and appeals follow the Mississippi Rules of Court. Miss. Code Ann. § 89-8-35(3) Miss. Code Ann. § 89-8-43
The Rentari Mississippi lease names the three courts the Act defines and, as a term of the lease, sets venue in the county where the property is.
Abandoned property
The Act's property rules apply after a judgment of possession. If the tenant moves out by the court-ordered move-out date and leaves property behind, you may dispose of it without further notice. After a warrant for removal is executed, you must give the tenant reasonable access for 72 hours to remove personal property, including a manufactured home; property left by a tenant who moves out within those hours may be disposed of without further notice, and after them you may move what remains to the curb, an area for garbage or another place you and the tenant agree on.
Miss. Code Ann. § 89-8-39(1), (3) Miss. Code Ann. § 89-8-13(6)
More detail (2)
- The eviction summons must tell the tenant these property rules in words the Act prescribes. Miss. Code Ann. § 89-8-35(2) See Eviction process
- The Act does not say when a unit is abandoned before a court judgment or how property left in that situation must be handled. Miss. Code Ann. § 89-8-39
The Rentari Mississippi lease restates the post-judgment property rules and, in any other case, stores property left behind for the period you set, as a term of the lease.
Small claims
Partly readMississippi's small claims limits and justice court jurisdiction were not read for this page. For evictions under the Act, a justice court, a county court or a circuit court may hear the case.
More Mississippi rules
Holdover after the lease ends
When a fixed-term rental agreement expires and the tenancy does not continue month to month, you may give the tenant notice that the tenant is holding over and that you will start eviction proceedings no earlier than three days after the notice. The notice must be in writing, or by email or text message if the tenant agreed to be notified that way. If the tenant fails or refuses to vacate after you notify the tenant to do so, you may charge double rent for the time the tenant stays past the date to vacate in your notice, unless the rental agreement says otherwise.
Miss. Code Ann. § 89-8-17(2) Miss. Code Ann. § 89-8-19(1) Miss. Code Ann. § 89-8-45
More detail (1)
- A tenancy without a definite term is week to week when rent is paid weekly and month to month otherwise, and either side may end it on 7 or 30 days' written notice, so a tenant who stays on month to month with your consent is not holding over. Miss. Code Ann. § 89-8-19(1) to (3) See Ending a month-to-month tenancy
The Rentari Mississippi lease restates the three-day holdover notice and the double-rent rule for a fixed term that ends without continuing month to month.
Death of a tenant
A cosigner of a residential lease may end it before it expires when the tenant dies or, if there is more than one tenant, when all of them die, and is presumed to have done so. A cosigner who chooses not to end the lease must notify the landlord within 30 days of the death. The estate and the cosigner still owe rent and other sums owed before the death, rent and other sums for the rest of the month or other 30-day period in which the death occurred, and the cost of restoring the premises to their condition at the start of the tenancy, ordinary wear and tear excepted.
More detail (2)
- Any waiver of the cosigner's right to terminate, by contract or otherwise, is void and unenforceable. Miss. Code Ann. § 89-8-29(4)
- The rule applies to leases entered into or renewed on or after July 1, 2011. Miss. Code Ann. § 89-8-29(5)
The Rentari Mississippi lease restates the cosigner's termination right and what remains owed; otherwise, as a term of the lease, the estate stays liable for the rest of the term, subject to the duty to mitigate.
Unauthorized occupancy and adverse possession
Adverse possession is a claim to ownership, separate from a dispute about who may occupy a rental. A Mississippi court opinion describes a ten-year test involving an ownership claim, actual or hostile possession, use visible to the owner, exclusivity, and peaceful use without interruption. Time spent at a property alone does not establish every requirement. A disputed claim needs a factual and legal assessment.
U.S. Bankruptcy Court, N.D. Mississippi: selected adverse-possession discussion (2018)
More detail (3)
- First establish the occupant's history: a tenant who remains after a lease, a guest with permission and a person who entered without permission raise different questions. Keep leases, permissions, title records, photographs, inspection dates and messages. Ask about the proper court route before treating someone as an ordinary tenant or assuming police can immediately resolve a title dispute. Miss. Code Ann. § 89-8-31 Miss. Code Ann. § 89-8-33 Miss. Code Ann. § 89-8-35 Miss. Code Ann. § 89-8-37 U.S. Bankruptcy Court, N.D. Mississippi: selected adverse-possession discussion (2018) See Eviction process
- Do not combine the general ten-year adverse-possession test with a blanket rule about paying two years of property taxes. Tax-sale titles, public or school lands, disabilities and other exceptions require separate analysis and are outside this overview. A claimed ownership interest is also different from a right to remain during an eviction case. U.S. Bankruptcy Court, N.D. Mississippi: selected adverse-possession discussion (2018)
- During a vacancy, maintain secure doors and windows, arrange lawful inspections and exterior upkeep, and keep dated records of unexpected activity. Once occupancy is disputed, check the lawful recovery process before changing access, interrupting utilities or handling belongings. Use the court-process guidance above for rentals covered by the Residential Landlord and Tenant Act. Miss. Code Ann. § 89-8-39(2) See Lockouts and utility shutoffs
Local rules
Rent control and local rules
Partly readThe Residential Landlord and Tenant Act contains no rent control. Separately, the municipal and county home-rule grants do not authorize regulation of rent for private residential property in which the local government has no property interest without prior legislative approval or authority from another state statute or law.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted) Miss. Code 21-17-5(2)(h), 19-3-40(3)(g): Legislature Code access
Cities and counties have their own housing, building, fire and other codes that can add duties for rental property. None was read for this page, so no local rule is listed here; check the codes of the city and county where the property is located.
Mississippi landlord questions
Is there a limit on security deposits in Mississippi?
Not in the Residential Landlord and Tenant Act, which sets no maximum. It does control the return: claim deductions by written itemized notice and return the rest no later than 45 days after the tenancy ends, the tenant delivers possession and the tenant demands it.
Miss. Code Ann. § 89-8-21 (reprinted in 2024 HB 1580, not enacted)
When does the 45-day deposit deadline start?
Only after all three have happened: the tenancy has ended, the tenant has delivered possession and the tenant has demanded the deposit. Keeping a deposit wrongly and without good faith may add up to $200 in damages to the tenant's actual damages.
Miss. Code Ann. § 89-8-21(3), (4) (reprinted in 2024 HB 1580, not enacted)
What can I deduct from a Mississippi security deposit?
Only amounts reasonably necessary for unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning when the tenancy ends, or other reasonable and necessary expenses from the tenant's default, and only if the deposit was made for those purposes. List each amount in the written notice.
Miss. Code Ann. § 89-8-21(3) (reprinted in 2024 HB 1580, not enacted)
How much notice do I give for unpaid rent?
You may deliver a notice that the rental agreement will terminate if the rent is not paid within three days. It must be written, or sent by email or text if the tenant agreed in writing to that. Keep a copy: it must be filed with the eviction complaint.
Miss. Code Ann. § 89-8-13(5)(a) Miss. Code Ann. § 89-8-33(b)(i)
How much notice do I give for other lease violations?
Deliver a notice describing the breach and saying the agreement will terminate on a date at least 14 days after the tenant receives it unless the breach is remedied within a reasonable time of no more than 14 days. No notice is needed for a substantial violation that materially affects health or safety.
Miss. Code Ann. § 89-8-13(3) Miss. Code Ann. § 89-8-19(4)
How do I end a month-to-month tenancy in Mississippi?
Give written notice at least 30 days before the termination date. A week-to-week tenancy needs written notice at least 7 days before it. The tenant has the same rights.
How much notice do I need before entering a rental unit?
The Residential Landlord and Tenant Act sets no entry notice, so your lease decides. State a clear written notice period with an emergency exception.
Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45 Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39 Miss. Code Ann. §§ 89-8-3, 89-8-7 Miss. Code Ann. § 89-8-29 Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)
Does Mississippi cap late fees?
The Act sets no cap and no grace period. It treats a late fee the rental agreement requires a defaulting tenant to pay as part of the rent.
Can a Mississippi tenant repair a problem and deduct the cost?
Yes, within limits. If you fail to repair a specific and material defect within 30 days after written notice, the tenant may repair it and be reimbursed within 45 days after giving you receipted bills, if the cost is no more than one month's rent, the tenant is current on rent, has met the tenant's own duties and has not used the remedy in the last six months. The tenant may offset the cost against future rent.
Can I raise the rent in Mississippi?
The Act sets no notice period and no limit on increases. After a rental agreement expires, it lets you demand an increase if the dominant purpose is not retaliation against the tenant for actions the Act authorizes and you received written notice of each condition that was the subject of those actions.
What if the tenant stays after the lease ends?
If a fixed term has expired and the tenancy is not continuing month to month, you may give notice that the tenant is holding over and that you will start eviction proceedings no earlier than three days later. If the tenant fails to vacate after your notice, you may charge double rent for the time past the date to vacate in the notice, unless the rental agreement says otherwise.
Miss. Code Ann. § 89-8-17(2) Miss. Code Ann. § 89-8-19(1) Miss. Code Ann. § 89-8-45
What happens to belongings left after an eviction?
If the tenant moves out by the court-ordered date and leaves property, you may dispose of it without further notice. After a warrant for removal is executed, give the tenant reasonable access for 72 hours; after that you may move what remains to the curb, an area for garbage or another agreed place.
What happens to a lease when the tenant dies?
A cosigner may end the lease when the tenant, or every tenant, dies, and is presumed to have done so unless the cosigner tells you within 30 days of the death that the cosigner will not. The estate and cosigner still owe sums due before the death, the rest of that month or 30-day period, and the cost of restoring the premises beyond ordinary wear and tear.
Which court hears a Mississippi eviction, and how fast must the tenant leave?
A justice court, county court or circuit court. If you win possession, the judge orders the tenant out in 7 days from the judgment unless an emergency or other compelling circumstance justifies a different period; after that you may request a warrant for removal, unless the judgment rests only on unpaid rent and the tenant paid it by that date or you accepted payment of it afterward.
Miss. Code Ann. § 89-8-7(1)(b) Miss. Code Ann. § 89-8-39(1), (2), (4)
Statutes read for this page
- Senate Bill 2461 (2022), Laws 2022 ch. 501: Miss. Code 89-8-9, 89-8-11, 89-8-13, 89-8-15, 89-8-17, 89-8-19, 89-8-33, 89-8-37, 89-8-41, 89-8-43, 89-8-45 and 89-7-27 as they now read (effective on passage, April 21, 2022)12 sections
- Senate Bill 2328 (2025), Laws 2025 ch. 460: Miss. Code 89-8-3, 89-8-31, 89-8-35 and 89-8-39, and a separate section on recreational vehicle parksRead in full
- House Bill 1200 (2025), Laws 2025 ch. 474: Miss. Code 89-8-3 and 89-8-7, the Act's definitions2 sections
- House Bill 1275 (2011), Laws 2011 ch. 392, the Derrick Beard Act (Miss. Code 89-8-29)Read in full
- House Bill 1580 (2024), the Legislature's bill reprinting all of Miss. Code 89-8-1 to 89-8-45 unchanged (not enacted); used for 89-8-1, 89-8-5, 89-8-21, 89-8-23, 89-8-25 and 89-8-27Read in full
- House Bill 1404 (2026), Laws 2026 ch. 416: utility payments received under a lease (Miss. Code 89-7-46)1 section
- House Bill 272 (2015), Laws 2015 ch. 323: the bad check law, Miss. Code 97-19-571 section
- Senate Bill 2561 (2019), Laws 2019 ch. 460: domestic abuse protection orders, Miss. Code 93-21-151 section
- Federal housing discrimination, coverage and exemptionsFull current 42 U.S.C. 3603, 3604 and 3607 read October 15, 2026; House site current through Public Law 119-120, October 7, 2026. No full Act, regulations, case law, Mississippi-specific or local fair-housing review.
- Selected municipal and county rent-regulation authorityFull21-17-5 and19-3-40, with histories and currency through the2026 Regular and First Extraordinary Sessions, read October15,2026 in the official Code linked by the Legislature. Open its Mississippi Code link and search those sections. Local ordinances, special approvals, other authorizing statutes and cases not reviewed.
- Selected Mississippi adverse-possession overviewSelected indexed six-element/ten-year discussion in 2018 federal court opinion; full opinion, current statutory exceptions and tax-sale/school-land rules not reviewed. Wider checked date retained.
Not read for this page (9)
- The official Mississippi Code beyond the selected municipal and county home-rule sections.
- Miss. Code 11-7-12, the civil section that decides whether the bad check law's $40 service charge limits a returned-payment fee in a lease.
- Mississippi's older eviction chapter, Miss. Code chapter 89-7, beyond sections 89-7-23, 89-7-25, 89-7-27 and 89-7-46, including its sections on self-help, lockouts and utilities.
- The Mississippi Rules of Court on serving an eviction summons and on appeals.
- Mississippi court decisions, including those on retaliatory eviction, the implied warranty of habitability, the reasonableness of late fees and the duty to mitigate damages.
- Federal law, including the Servicemembers Civil Relief Act, the Fair Housing Act and the lead-based paint disclosure rule.
- Mississippi statutes on fair housing, small claims and justice court jurisdiction, and other statutes or special legislation that may authorize local rent regulation.
- The domestic abuse sections Miss. Code 93-21-1, 93-21-11, 93-21-15.1 and 93-21-25.
- State and local building, fire and housing codes, and city and county ordinances.