Landlord Guide to Renting in Mississippi

Mississippi permits both written and oral leases. However, leases for a term exceeding one year must be in writing under the Statute of Frauds (Miss. Code Ann. § 15-3-1). Written leases should specify the rent amount, due date, lease term, and the responsibilities of both landlord and tenant. The Residential Landlord and Tenant Act provides default terms that apply in the absence of a written lease.

• Oral leases are valid for terms of one year or less; longer terms must be in writing (Miss. Code Ann. § 15-3-1)
• Month-to-month tenancies arise when no fixed term is specified or after a lease expires without renewal
• Lease provisions that waive the landlord's obligation to maintain habitable premises are void (Miss. Code Ann. § 89-8-5)
• Landlords must provide tenants with a copy of any written lease agreement

Mississippi does not impose a statutory cap on the amount of a security deposit. Landlords have broad discretion over the deposit amount, though it should be reasonable. The deposit must be returned within 45 days after the tenant vacates, with an itemized statement of any deductions (Miss. Code Ann. § 89-8-21).

• No statutory limit on the security deposit amount
• Deposit must be returned within 45 days after the tenant vacates (Miss. Code Ann. § 89-8-21)
• An itemized list of deductions must be provided if any portion is withheld
• Landlords are not required by state law to hold the deposit in a separate or interest-bearing account

Mississippi landlords must comply with federal disclosure requirements and a limited set of state-level obligations. The state does not impose as many mandatory disclosures as some other jurisdictions.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the person authorized to manage the premises and receive notices and demands (Miss. Code Ann. § 89-8-5)
• Disclosure of any known material defects in the property that could affect health or safety
• Written statement of the tenant's obligation to notify the landlord of any needed repairs

Rent is due on the date specified in the lease. Mississippi does not mandate a statutory grace period. Late fees are permitted if specified in the lease agreement. A landlord must provide a 3-day notice to pay or vacate before filing an eviction action for nonpayment of rent (Miss. Code Ann. § 89-7-27).

• Rent is due on the date stated in the lease
• No statutory grace period; any grace period must be negotiated in the lease
• Late fees must be specified in the lease to be enforceable
• A 3-day notice to pay or vacate is required before filing for eviction based on nonpayment (Miss. Code Ann. § 89-7-27)

Under the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-23), landlords must maintain the premises in a habitable condition and comply with all applicable building and housing codes. The landlord is responsible for maintaining common areas and essential services.

• Maintain the premises in a habitable and safe condition (Miss. Code Ann. § 89-8-23)
• Comply with applicable building, housing, and health codes
• Provide and maintain essential systems including plumbing, heating, electricity, and hot water
• Keep common areas in a clean and safe condition

Mississippi does not have a specific statute establishing a required notice period for landlord entry. Landlords should provide reasonable advance notice — generally at least 24 hours — and enter only at reasonable times for legitimate purposes. In emergencies, the landlord may enter without prior notice.

• No specific statewide statute on notice period; reasonable notice (typically 24 hours) is recommended
• Entry should be at reasonable times for lawful purposes such as repairs, inspections, or showing the unit
• Emergency entry does not require advance notice
• The lease may establish specific entry notice requirements

Mississippi does not have rent control. Landlords may increase rent between lease terms or during month-to-month tenancies with proper notice. There is no state-mandated minimum notice period for rent increases, but at least 30 days' written notice is standard practice for month-to-month tenancies.

• No statewide rent control; landlords may set market rent
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, at least 30 days' written notice before a rent increase is standard practice
• Retaliatory rent increases are prohibited (Miss. Code Ann. § 89-8-17)

Mississippi notice requirements depend on the type of tenancy and the reason for termination. The applicable rules are found in the Residential Landlord and Tenant Act and the general landlord-tenant statutes.

• Month-to-month tenancy: 30 days' written notice by either party (Miss. Code Ann. § 89-8-19)
• Fixed-term lease: terminates at the end of the lease term without additional notice unless the lease provides otherwise
• Nonpayment of rent: 3-day notice to pay or vacate (Miss. Code Ann. § 89-7-27)
• Material lease violation: 30-day notice to cure, or 14 days if the violation involves health or safety (Miss. Code Ann. § 89-8-13)

Evictions in Mississippi are conducted through an action filed in justice court or county court. The landlord must first serve the appropriate notice. If the tenant does not comply, the landlord may file a complaint for eviction.

• Serve the required notice (3-day notice for nonpayment, 30-day or 14-day notice for lease violations)
• File a complaint for eviction in justice court or county court
• The court schedules a hearing, typically within a few days to two weeks of filing
• If the court rules for the landlord, a writ of possession is issued and executed by the sheriff or constable

Under Miss. Code Ann. § 89-8-21, landlords must return the security deposit within 45 days after the tenancy ends and the tenant has vacated. An itemized statement of any deductions must be provided. If the tenant does not provide a forwarding address, the landlord must send the deposit and statement to the tenant's last known address.

• Return deadline: 45 days after the tenant vacates (Miss. Code Ann. § 89-8-21)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, costs of cleaning if necessary
• An itemized statement of deductions must accompany any withheld portion
• If the landlord wrongfully withholds the deposit, the tenant may recover up to $200 in punitive damages plus the withheld amount (Miss. Code Ann. § 89-8-21)