Mississippi residential lease agreement

The 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)

• 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 on the Mississippi page

For 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.

42 U.S.C. 3604

• 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

The 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)

The 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)

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.

Miss. Code Ann. § 89-8-7(2)

Mississippi'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)

• 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 on the Mississippi page

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)

• 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 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 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 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)

• 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 on the Mississippi page

The 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)

• 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 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)

• 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 on the Mississippi page

The 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)

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)

• 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

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.

Miss. Code Ann. § 89-8-15

• 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 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 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 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 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)

• 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 on the Mississippi page
• 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)

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)

• 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 on the Mississippi page

A 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

• 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 on the Mississippi page
• 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

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)

• 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 on the Mississippi page
• 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 on the Mississippi page
• 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 on the Mississippi page

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)

• 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)

You 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

• 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 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)

• 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 on the Mississippi page
• 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

Mississippi'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.

Miss. Code Ann. § 89-8-7(1)(b)

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

• 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 on the Mississippi page

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.

Miss. Code Ann. § 89-8-29

• 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)

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)

• 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 on the Mississippi page
• 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 on the Mississippi page

The 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