A lawyer sifting through legal papers surrounded by a laptop and books. A symbol of the legal system is behind her.

State rental laws and regulations

Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.

State Laws & Regulations

State Laws & Regulations

Rental laws vary from state to state. Select your state to learn more.

Mississippi

Published
Mississippi flag

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Mississippi handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Mississippi rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Mississippi laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Mississippi. The Mississippi state bar association may have a referral service that can help you find a lawyer with experience in Mississippi landlord-tenant law.

Official Mississippi Rental Rules and Regulations

Official Code:

Unofficial Code:

Mississippi Rental Law Details

Security Deposit:

  • Security Deposit Maximum: No statute.
  • Security Deposit Interest: No statute.
  • Separate Security Deposit Bank Account: No statute.
  • Pet Deposits: No statute.
  • Non-Refundable Fees: No statute.
  • Deadline for Returning Security Deposit: 45 days after the termination of the tenancy, delivery of possession and demand by the tenant. (§ 89-8-21(3))
  • Permitted Uses of the Deposit: The security deposit, in its entirety or a portion, can be used to pay for:
    • Unpaid rent;
    • Repair of damages caused by the tenant beyond ordinary wear and tear;
    • Cleaning the premises after the tenant moves out;
    • Other reasonable and necessary expenses incurred as a result of the tenant’s default. (§ 89-8-21(3))
  • Require Written Description/Itemized List of Damages and Charges: Written and itemized notice is required. (§ 89-8-21(3))
  • Record Keeping of Deposit Withholdings: No statute.
  • Receipt of Deposit: No statute.
  • Failure to Comply: If the landlord violates the provisions of § 89-8-21, and retains all or a portion of the deposit, with absence of good faith, the landlord may be subject to damages not to exceed $200, in addition to any actual damages. (§ 89-8-21(4))

Mississippi Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease.
  • Rent Increase Notice: No statute.
  • Rent Grace Period: No statute.
  • Late Fees: No statute. Must be stated in the lease.
  • Prepaid Rent: No statute.
  • Returned Check Fees: $30 (§ 97-19-75(5)).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
  • Tenant Allowed to Repair and Deduct Rent: Allowed. If the landlord does not repair the defect specified in a 30-day written notice, the tenant may do the repair and then be entitled to reimbursement, which can be offset against future rent, as long as the amount is no more than the “usual and customary charge for such repairs.” See statute for additional provisions and restrictions. (§ 89-8-15)
  • Landlord Allowed to Recover Court and Attorney Fees: No statute.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute.
  • Abandonment/Early Termination Fee: No statute,

Mississippi Rental Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice required, as lease simply ends (§ 89-7-23).
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: Two-month written notice required (§ 89-7-23).
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice required (§ 89-8-19(3)).
  • Notice to Terminate Tenancy – Week-to-Week Lease: One-week written notice required. (§ 89-8-19(2)).
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: Three-day written notice required (§ 89-7-27).
  • Notice of Termination of All Other Leases for Nonpayment: Three-day written notice required (§ 89-7-27).
  • Termination for Lease Violation: If either the tenant or landlord violates the terms of the lease, or fails to comply with their duties as defined in § 89-8-23 and § 89-8-25, 30-day written notice may be given specifying the breach and the date that the lease will terminate. If the other party remedies the violation within a reasonable amount of time no more than 30 days from receipt of the notice, the lease will not terminate. If the same violation for which a 30-day notice was given happens again without six months, 14-day written notice may be given to terminate the lease (§ 89-8-13(3)).
  • Immediate Termination for Serious Lease Violation: Notice to terminate a tenancy shall not be required when the landlord or the tenant has committed a substantial violation of the rental agreement that materially affects health and safety. (§ 89-8-19)
  • Required Notice before Entry: No statute. Right of entry must be stated in the lease.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute. Right of entry for maintenance and repairs must be stated in the lease.
  • Entry Allowed with Notice for Showings: No statute.
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts and Utility Shut-offs Allowed: Self-help evictions are allowed in Mississippi. Landlords may, after the expiration of the lease, recover possession of the unit, cause the tenant to quit the dwelling unit involuntarily, demand an increase in rent or decrease services to the tenant. However, such actions must not be made be primarily in retaliation against the tenant for exercising their rights under the state rental law. (§ 89-8-17)

Mississippi Rental Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute.
  • Copy of the Lease: No statute.
  • Domestic Violence Situations: No statute. The Mississippi Coalition Against Domestic Violence provides contact information for Mississippi domestic violence advocates and support resources by county.
  • Landlord’s Duties: (§ 89-8-23)
    • Compliance: Comply with the requirements of applicable building and housing codes that materially affect health and safety;
    • Maintenance: Maintain the dwelling unit, its plumbing, and heating and/or cooling system in substantially the same condition as at the inception of the lease, with reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.
  • Tenant’s Duties: (§ 89-8-25)
    • Cleanliness: Keep the premises as clean and safe as the condition of the premises permit;
    • Trash: Dispose of all garbage and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Refrain from Damage: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quiet Enjoyment: Conduct himself and require other persons on the premises with tenant consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of the premises;
    • Notify of Potential Damage: Inform the landlord of any condition that they know of that may cause damage to the premises;
    • Maintenance: Maintain the unit in the same condition, except for reasonable wear and tear, and comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Lawful Activity: Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.
  • Retaliation: Landlord must not try to evict the tenant in retaliation for the tenant exercising their rights under the rental law or for giving proper notice of conditions that require remedy by the landlord. Read § 89-8-17 for more information.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Mississippi Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

Mississippi State Agencies & Regulatory Bodies

 

Mississippi Housing Authorities

 

Mississippi Realtor and Landlord/Tenant Associations

State Rental Laws Neighboring Mississippi