Mississippi State Laws

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 laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all 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. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Official Code:

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

Unofficial Code:

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

Details

Security Deposit:

Security Deposit Maximum: No statute.
Security Deposit Interest: No regulation.
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 due to 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 law.
Failure to Comply: If the landlord violates the provisions of § 89-8-21 and retains all or a portion of the deposit, with the 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))

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. It 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. Suppose the landlord does not repair the defect specified in a 30-day written notice. In that case, the tenant may 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 the 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,

Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required, as the 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 offense for which a 30-day notice was given happens again without six months, a 14-day written notice may be provided 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. The right of entry must be stated in the lease.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute. The 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
Access Allowed During Tenant’s Extended Absence: No regulation.
Notice to Tenants for Pesticide Use: No regulation.
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 a rent increase, or decrease services to the tenant. However, such actions must not be made primarily in retaliation against the tenant for exercising their rights under the state rental law. (§ 89-8-17)

Disclosures and Miscellaneous Notes:

Name and Addresses: No statute.
Copy of the Lease: No regulation.
Domestic Violence Situations: No statute. An Abuse, Rape, and Domestic Violence Aid and Resource Collection (AARDVARC) 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 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 cleanly and safely;
- Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
- Appliances: Use reasonably all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and devices, 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 situation, 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 Small Claims Court
- Limits: $3,500 (§ 9-11-9)
- Eviction Cases Allowed in Small Claims: Yes. Small claims cases are heard in Justice Court. (§ 11-25-1)
- Lawyers.com – Mississippi: What is Small Claims Court?
- Mississippi Justice Court
●Statute of Limitations
- Lease Contracts: Four years, but the original lease contract may reduce the period of limitation to not less than one year. (§ 75-2A-506(1))
- Oral Contracts: 3 years (§ 15-1-29)
State of Mississippi Judiciary
Mississippi Attorney General
The Mississippi Bar
Legal Aid:

Business Licenses:

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

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