Mississippi Landlord Tenant Laws

This is a summary of Mississippi Landlord Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Mississippi Code and various online sources to serve as a reference and for people wanting to learn about Mississippi landlord tenant laws, Mississippi eviction laws, and Mississippi renters’ rights.

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing Mississippi Landlord-Tenant Laws

• Miss. Code Ann. § 89-7 – Landlord and Tenant
• Miss. Code Ann. § 89-8 – Residential Landlord and Tenant Act
• Miss. Code Ann. § 15-1 and Miss. Code Ann. § 75-2A-506(1) – Limitation of Actions

Mississippi Lease Terms Provisions

Security Deposits

• What is the maximum allowable security deposit?
  There is no Mississippi statute limiting security deposits.

• Are security deposits required to earn interest?

No. There is no Mississippi law requiring security deposits to earn interest.

• Do landlords need to store security deposits in a separate bank account?

No. There is no Mississippi law requiring security deposits to be stored in a separate bank account.

• Are non-refundable fees, such as pet fees, prohibited?

No. There is no Mississippi law forbidding non-refundable fees or limiting the amount that landlords can charge.

• How long do landlords have to return security deposits?

45 days after the termination of his tenancy, the delivery of possession and demand by the tenant. (Miss. Code. Ann. § 89-8-21(3))

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to remedy the tenant’s defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant’s default. (Miss. Code. Ann. § 89-8-21(3))

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. The written notice by which the landlord claims all or any portion of the deposit must itemize the amounts deducted by the landlord. (Miss. Code. Ann. § 89-8-21(3))

• Do landlords have to issue receipts upon receiving security deposits?

No. There is no Mississippi law requiring landlords to issue receipts for security deposits.

• Are there any specific requirements for record-keeping for deposit withholdings?

No. There is no Mississippi law specifying record-keeping requirements.

• What happens when a landlord does not return a security deposit within the required timeframe?

The landlord may be subject to damages up to $200 in addition to any actual damages. (Miss. Code. Ann. § 89-8-21(4))

Rent

• Is there a cap on how much landlords can charge for rent? (rent control)

No. There are no rent control laws in Mississippi.

• Does rent need to be paid using a certain method of payment?

No. There is no Mississippi law requiring a certain payment method for rent.

Fees

• Can landlords charge late fees when rent is late?

Yes. There is no Mississippi law forbidding late fees or limiting the amount that landlords can charge.

• Do landlords have to allow for a grace period for paying rent before charging late fees?

No. There is no Mississippi law requiring a grace period before assessing late fees.

• Can landlords charge application fees?

Yes. There is no Mississippi law forbidding application fees or limiting the amount that landlords can charge.

Mississippi Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

No. There is no Mississippi law requiring landlords to provide tenants with notice of rent increases between lease terms. However, landlords cannot raise your rent in the middle of your lease.

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no Mississippi law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

No notice is required — the lease ends on the date stated in the lease. (Miss. Code. Ann. § 89-7-23 ).

• What notice is required to terminate a month-to-month tenancy?

Either the landlord or the tenant can terminate the tenancy with 30 days’ notice. (Miss. Code. Ann. § 89-8-19(3))

• What notice is required to terminate a week-to-week tenancy?

Either the landlord or the tenant can terminate the tenancy with 7 days’ notice. (Miss. Code. Ann. § 89-8-19(2))

• Is notice of the date and time of the move out inspection required?

There is no statute in Mississippi law covering this issue.

Entry Provisions

• When can landlords enter the rental premises with notice?

There is no statute in Mississippi law covering this issue.

• What notice must a landlord give a tenant before entering the rental unit?

There is no Mississippi law requiring landlords to give tenants notice of entry.

• When can landlords enter the rental premises without providing notice to their tenants?

There is no statute in Mississippi law covering this issue.

Landlord’s Duties (Miss. Code. Ann. § 89-8-23)

• Landlords must comply with applicable building and housing codes materially affecting health and safety.
• Landlords must maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded (Miss. Code. Ann. § 89-8-23)

Tenant’s Duties (Miss. Code. Ann. § 89-8-25)

• Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
• Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely in compliance with community standards.
• Tenants must keep all plumbing fixtures as clean as their condition permits.
• Tenants must use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises in a reasonable manner;
• Tenants must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly permit any person to do so.
• Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
• Tenants must inform the landlord of any condition of which they have actual knowledge which may cause damage to the premises.
• Tenants must maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety.
• Tenants must not engage in any illegal activity upon the leased premises as documented by a law enforcement agency. (Miss. Code. Ann. § 89-8-25)

Required Landlord Disclosures

• Before renting pre-1978 property, 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. (16 CFR 1303, 42 U.S. Code § 4852d) . If the landlord fails to disclose all known lead paint hazards, the landlord can face fines of up to $19,507 for each violation (24 CFR 30.65).

Mississippi Renters’ Rights

• What are Mississippi renters’ rights if landlords breach their duties?(See Landlord’s Duties)

If a landlord materially fails to comply with their legal duties, the tenant may deliver a written notice to the landlord identifying the issue(s). If the landlord does not remedy the breach within 14 days of receiving notice, the lease will terminate. (Miss. Code. Ann. § 89-8-13(2))

• Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?

Yes. If a landlord breaches the rental agreement or the landlord’s duties, the tenant may give written notice to the landlord specifying the breach. If the landlord does not correct the issue within 30 days, the tenant may repair the defect and be entitled to reimbursement, up to the amount of one month’s rent. (Miss. Code. Ann. § 89-8-15)

• What are the protections for tenants against retaliation from their landlords for exercising their Mississippi renter’s rights?

Mississippi law prohibits landlords from recovering possession of the dwelling unit, causing the tenant to quit the dwelling unit involuntarily, demanding an increase in rent or decreasing services with the dominant purpose of retaliation against the tenant for exercising the tenant’s rights. (Miss. Code. Ann. § 89-8-17)

Mississippi Eviction Laws

• What are the reasons that landlords can evict tenants under Mississippi eviction laws?
  • Nonpayment of rent (Miss. Code. Ann. § 89-8-17)
  • Violation of lease terms / rental agreement (Miss. Code. Ann. § 89-8-13(1))
  • Material health and safety violation (Miss. Code. Ann. § 89-8-19(4))
  • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) (Miss. Code. Ann. § 89-8-17)
  • What notice do Mississippi eviction laws require that landlords provide tenants before starting the eviction process?
    • For evictions based on non-payment of rent, the landlord must give a 3-day notice to pay before starting the eviction process. (Miss. Code. Ann. § 89-8-17)
    • For evictions based on a violation of lease terms / rental agreement, the landlord must give a 14-day notice to remedy the breach before starting the eviction process. (Miss. Code. Ann. § 89-8-13(3))
    • For evictions based on material health and safety violations, no notice of termination of the lease is required before starting the eviction process. Landlords do not have to permit the tenant to cure these types of breaches. (Miss. Code. Ann. § 89-8-19(4))
    • For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Miss. Code. Ann. § 89-8-17)
    • Do Mississippi eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?

    Yes. Self-help evictions are allowed after the expiration of the lease. (Miss. Code. Ann. § 89-8-17)

    COVID-19 Changes to Mississippi Landlord-Tenant Laws

    • The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
    • The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is no longer effective.
    • Mississippi Public Service Commission provides utility bill payment assistance.

    Squatter’s rights in Mississippi

    Under Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

    Mississippi has no specific laws recognizing squatters.The squatter must uninterruptedly living on the property for 10 years to claim adverse possession (Miss. Code. Ann. § 15-1-13).

    Related Links

    Government

    • Mississippi Insurance Department
    • Mississippi Insurance Department Guide to Homeowner’s and Renter’s Insurance
    • State of Mississippi Judiciary
    • Mississippi Attorney General

    Legal Aid

    • Mississippi Legal Services
    • Mississippi Center for Legal Services

    Attorney Referral Services

    • The Mississippi Bar
    • The Mississippi Bar – Lawyer Directory
    • The Mississippi Bar – How to Select a Lawyer

    Realtor and Landlord-Tenant Associations

    • Mississippi Realtors
    • Central Mississippi Realtors
    • Hattiesburg Area Association of Realtors
    • Gulf Coast Association of Realtors
    • Jackson Real Estate Investment Group

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