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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
All residential lease or rental agreements entered in Mississippi are subject to the rights, obligations, and remedies set forth in the state's "Residential Landlord and Tenant Act."
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Mississippi.
Mississippi law grants tenants several basic rights to guarantee tenant safety and legal protection during their lease. Below are a few of their rights:
While renting a home in Mississippi, tenants have responsibilities to attend to, including:
Like renters, landlords in Mississippi also enjoy several fundamental rights that enable them to run a profitable rental business while shielded from potential legal challenges. Some of these rights include:
Additionally, Mississippi rental owners have responsibilities to fulfill to guarantee a smooth tenancy and a secure, livable environment for tenants. Some of their major responsibilities include:
Are landlords in Mississippi required to give notice before entering the property?
Mississippi doesn’t have specific state regulations around the required notice period before entering a property. However, unless there is an emergency, the landlord should give the renter a ‘reasonable’ notice in writing, including the date and time of the entry. ‘Reasonable notice’ is normally considered to be 24 hours or more.
Are landlords in Mississippi allowed to enter the property to conduct maintenance and repairs?
When it comes to making repairs, showing the property to potential tenants or buyers, or in the event of an emergency, the landlord may enter the rental property with the tenant's permission or for particular purposes specified in the lease agreement or state legislation.
There's no provision under Mississippi law that limits late fees for rent in Mississippi.
Additionally, there is no mandatory rent grace period in Mississippi. However, landlords can choose to apply a grace period in the lease agreement.
Source: Cur-RENT Law for Tenants and Landlords | The Mississippi Bar, Residential-Landlord-and-Tenant-Act.pdf | Attorney General Lynn Fitch
SECTION 2
There are no restrictions on how much a landlord can raise rent in Mississippi. However, renters are required to receive adequate notice (at least thirty days) of the increase from the landlord before the rent increase.
Additionally, the notice must be written, specifying the increased rent amount and the effective date of the increase.
Source: Landlord-Tenant Law in Mississippi | MSLegalServices.org
No. There are no rent control laws in Mississippi. In fact, according to Miss. Code. Ann § 21-17-5(2)(h), the governing authorities of municipalities in Mississippi are not authorized to regulate the amount of rent charged for leasing private residential property, either directly or indirectly unless there is prior legislative approval. This effectively means rent control measures are banned in the majority of Mississippi.
Landlords should, however, abide by best practices and keep rents in line with fair market rates.
Mississippi law does not define how much notice landlords need to give before increasing the rent. This doesn’t mean that landlords can raise the rent whenever they want.
For fixed-term leases, landlords cannot increase the rent mid-term unless the lease agreement specifically permits it.
For shorter term leases, landlords should abide by best practices which means giving their tenants a reasonable amount of notice before any rent increase. A reasonable notice period is considered to be equivalent to the duration of the lease period. For example, for a month-to-month lease, you would give at least thirty days' notice.
The following circumstances prohibit landlords from raising rent under Mississippi law:
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SECTION 3
The lease agreement is an essential document in any rental arrangement. It outlines the terms and conditions of the lease, including the rent amount, payment due date, deposit amount, length of the lease, maintenance responsibilities, and rules and regulations.
Source: Lease Forms: Michael Watson Secretary of state | Michael Watson Secretary of state (.gov)
According to Mississippi law, both oral and written lease agreements are recognized, but it is always preferable to have a written lease agreement that is signed by both parties.
Here are some of the key components that should be included in a Mississippi lease agreement to ensure a smooth and fair rental experience for all parties involved.
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SECTION 4
There is no limit on security deposits in Mississippi. However, while the state does not cap security deposit amounts, it's common practice for landlords to charge the equivalent of one to two months' rent as a security deposit. This amount is deemed reasonable to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant.
Yes. Landlords in Mississippi are allowed to collect an additional pet deposit.
Tenants with service dogs and emotional support animals are exempted from these charges.
Landlords have the right to retain all or part of a security deposit to cover nonpayment of rent and any additional property upkeep beyond typical wear and tear connected with a rental. (Miss. Code Ann § 89-8-21(3))
For any deductions made, landlords must deliver an itemized list of deductions detailing the expenses and how the security deposit is being used. (Miss. Code Ann § 89-8-21(3) and Miss. Code Ann. § 89-7-125)
In Mississippi, there are no legal requirements for how a landlord can keep a security deposit. Storing a security deposit may depend on the county, city, or area laws.
Nonetheless, in order to guarantee that security deposits are stored correctly and kept up to date during tenancy, landlords can adhere to best practices by avoiding any comingling of funds, and instead retaining the security deposit in a separate escrow account.
After the end of the lease, landlords in Mississippi have 45 days to return the security deposit to the tenant. (Miss. Code Ann § 89-8-21(3)).
According to (Miss. Code Ann § 89-8-21(4)), a landlord shall pay a fine of not more than $200 in addition to any additional damages that may be applicable if they fail to return a tenant's security deposit within the designated time frame. This fine can also be applied if they fail to give the tenant an itemized list for any reason other than good faith.
Landlords in Mississippi are not required to reimburse renters for interest accrued on the security deposit during the term of the lease.
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SECTION 5
Both landlords and tenants in Mississippi are required to abide by a clear set of regulations during evictions. The Mississippi Landlord and Tenant Act, Title 89, Chapter 8, outlines the mechanics of the eviction process and the rights of each party, and provides a list of feasible remedies.
According to Mississippi's eviction laws, landlords can only start the eviction process when there are legitimate legal grounds. Here are some typical reasons for eviction in Mississippi:
One of the most frequent grounds for eviction is not making rent payments by the deadline. In Mississippi, the initial step for nonpayment of rent is usually a 3-day eviction notice. This gives tenants a short window of time to pay their debts before facing more serious legal action.
Tenants are required to follow the conditions outlined in their lease agreements. This covers clauses such as maintaining the rental property clean and livable, preventing damage to the property beyond natural wear and tear, abstaining from unlawful activity on the property, and respecting occupancy restrictions.
Mississippi law mandates that landlords provide tenants with a "14-day notice to remedy or quit" in the event that they breach any of the terms of the lease. The tenant has 14 days from the date of this notification to resolve the matter and fix the infraction.
In the event that the issue doesn't get resolved within 14 days, the landlord has the right to start the eviction process.
There is zero tolerance for unlawful activity on rental properties under Mississippi's eviction rules. Suppose a renter is discovered to be involved in drug sales, violent crimes, or other illegal activities. In that case, the landlord may proceed with an immediate eviction without giving the tenant a chance to make things right. These regulations are firmly rooted in protecting and caring for landlords and tenants.
"Holdover tenants" are those who stay on a property after their lease expires without a formal renewal arrangement. While Mississippi's eviction laws protect landlords in certain situations, properly reclaiming the property may require certain actions and notices.
According to Mississippi law, landlords are required to provide them the appropriate kind of Mississippi eviction notice before they can start the eviction process. Failure to do so when evicting a renter comes at the risk of having the eviction reversed or having to wait a lot longer.
Below are the several notice options available to the landlord depending on the reason for eviction.
Tenants served with this kind of eviction notice have three days to either pay the overdue rent or vacate the property. Should the tenant fail to pay within these 3 days the landlord may begin eviction proceedings against the tenant. (§ 89-7-27).
Landlords may give tenants a 30-day notice to vacate for non-compliance if they break any of the provisions of the lease or fails to comply with their duties as defined in § 89-8-23 and § 89-8-25.
If the other tenant 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 with six months of the initial 30-day notice a 14-day written notice may be given to terminate the lease (§ 89-8-13(3)). Tenants will have 14 days to vacate the property after receiving this notice, at which point they will have no choice but to do so.
By giving the resident a seven-day notice, landlords that have periodic tenants who make weekly payments can terminate their agreement. The renter has a full week to vacate the premises as a result of this unequivocal offer. (§ 89-8-19(2))
Month-to-month renters or those without a fixed lease can be evicted with 30-day Advance Notice to quit papers at any time without having to present a reason. This gives the landlord the authority to notify the renter that they have 30 days to depart the property or risk legal action. (§ 89-8-19(3))
Landlords need to do the following actions in order to properly evict a renter in Mississippi using an eviction notice:
Step 5: Following processing, the landlord can submit the Writ of Execution to the county sheriff. Following that, the tenant will have a brief window of time to vacate the property before facing an eviction by force.
SECTION 6
Below are some of Mississippi's laws pertaining to application fees and tenant screening for rentals.
In Mississippi, there is no legal restriction on the amount of money landlords can charge for applications. Usually, landlords charge between $40 and $60 to cover the application processing costs; these costs are non-refundable.
When screening potential tenants, Mississippi landlords must adhere to the standards of both federal and state anti-discrimination statutes.
Landlords cannot discriminate against tenants based on race or color, religion, national origin, age, familial status (including pregnant women and families with minor children), handicap or disability, or sex (including gender identity and sexual orientation) in accordance with the federal Fair Housing Act.
Rental application forms in Mississippi are not allowed to ask for any information that might be used to discriminate against prospective tenants.
Landlords are required to get written consent from the tenant before running a screening report on the tenant. With the tenant's written permission, landlords can then run background checks and ask necessary questions on the application. These investigations may include rental history, criminal history, and credit records.
Landlords are able to charge fair prices for these reports. They must, however, abide by HUD guidelines for the equitable use of criminal background checks. This entails steering clear of general policies that bar candidates with criminal records and only rejecting candidates if they endanger the property or the safety of others.
Should the landlord use a screening report and/ or information from the tenant’s credit report to inform their final decision then, as per federal law (The Fair Credit Reporting Act) landlords are required to notify tenants if their application is denied. This notice is called an adverse action notice. In this notice, the landlord must inform the tenant of the following:
To make the rental application process effective, here is a list of crucial requests to include in your Mississippi rental applications:
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SECTION 7
Under the Mississippi Residential Landlord and Tenant Act, there are legal provisions that specify the precise circumstances in which a tenant may lawfully breach a lease, including dangerous living conditions or the landlord's neglect of required maintenance.
Both parties are required to adhere to these provisions to guarantee a just and legal conclusion of the rental agreement. Additionally, tenants must follow the legal procedures for ending a lease, including providing adequate notice to the landlord when breaking a lease early.
According to Miss. Code. Ann. § 89-8-19, these are the required notice periods for breaking a lease in Mississippi:
Here are some of the acceptable justifications that allow a tenant to break a lease without incurring penalties in Mississippi:
SECTION 8
Below is an overview of some Mississippi HOA laws that often apply to homeowners associations in the state:
HOAs in Mississippi are considered incorporated common interest groups. However, Mississippi does not have a specific state code that governs how they operate.
The Mississippi Nonprofit Corporation Act, found in Title 7 of Chapter 11 of the Mississippi Code, governs community associations since most of them, like most associations in West Virginia, have been organized as nonprofit organizations. (Mississippi Nonprofit Corporation Act)
Only condominiums, not homeowners associations, are subject to the Mississippi Condominium Law, which also regulates condominium administration, function, and authority.
It's important to note that in addition to the Nonprofit Corporations Act and the Condominium Law, there may be other state, municipal, and federal regulations that apply.
To make sure your HOA complies with these requirements, we advise seeking competent legal assistance. (Mississippi Condominium Law)
SECTION 9
Adverse possession is the legal form of Mississippi squatters' rights. Squatters who match specific criteria can legally acquire ownership of the property through adverse possession.
To effectively submit an adverse possession claim in Mississippi, a squatter must meet the following criteria:
According to Mississippi law, an adverse possession claim may also include good faith and color of title. Color of title indicates that the owner has some supporting documents, even if it is incomplete, to substantiate their claim to ownership, whereas good faith indicates that the owner sincerely feels they have the right to the property.
SECTION 10
Below, you’ll find some helpful Mississippi landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
