Mississippi Residential Lease Agreement

Introduction

A Mississippi lease agreement is a legally binding rental contract between a landlord and tenant that establishes the terms and conditions for renting residential property. The agreement specifies critical details such as rent amount, payment terms, security deposit requirements, tenant responsibilities, grounds for termination, and lease duration. Once signed by both parties, the lease provides legal protections and obligations under Mississippi state law.

Mississippi landlord-tenant relationships are governed by the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8 of the Mississippi Code), which establishes rights and responsibilities for both parties. This comprehensive guide covers all essential aspects of Mississippi residential leases, including required disclosures, security deposit regulations, rent payment procedures, landlord access rights, eviction processes, and lease termination requirements.

Required Disclosures

Lead-Based Paint Disclosure

Federal law mandates that landlords of residential properties built before 1978 must provide tenants with a Lead-Based Paint Disclosure form. This disclosure warns tenants about potential exposure to toxic lead-based paint that may be present in older buildings. The landlord must attach both the disclosure form and the EPA pamphlet "Protect Your Family from Lead in Your Home" to the lease agreement before signing. This requirement applies to all pre-1978 residential rentals in Mississippi and throughout the United States. ^[1]

Security Deposits

Maximum Security Deposit Amount

Mississippi law does not impose any statutory limit on the amount a landlord may charge for a security deposit. Landlords have the discretion to request any amount they deem appropriate based on factors such as property value, rental amount, tenant screening results, and perceived risk. However, landlords should ensure the security deposit amount is reasonable and clearly stated in the lease agreement.

Interest Requirements

Mississippi state law does not require landlords to hold security deposits in interest-bearing accounts or to pay interest to tenants on their security deposits. Landlords may keep security deposits in any type of account they choose, including non-interest-bearing accounts, and are not obligated to maintain the deposit in a separate account from their personal or business funds.

Returning the Security Deposit

The landlord must return the tenant's security deposit within 45 days after the lease terminates and the tenant vacates the property. ^[2] The landlord may deduct from the security deposit any amounts necessary to cover:

• Unpaid rent or utility charges***
• Repairs for damages beyond normal wear and tear***
• Cleaning costs if the property was left unreasonably dirty***
• Other lease violations that resulted in financial loss***

Itemized Deduction Statement

If the landlord retains any portion of the security deposit, they must provide the tenant with a detailed itemized statement explaining all deductions. ^[3] This statement must specify each deduction with a description of the damage or expense and the amount charged. The itemized list must be delivered to the tenant within the 45-day return period. Failure to provide an itemized statement may result in the landlord forfeiting their right to retain any portion of the deposit.

Rent Payment Terms

Grace Period for Late Rent

Mississippi law does not require landlords to provide a grace period for late rent payments. Rent is due on the exact date specified in the lease agreement, and the landlord may consider rent late immediately if not paid on that date. If landlords choose to offer a grace period (such as 5 days after the due date), this must be explicitly stated in the written lease agreement. Without such a provision, tenants are expected to pay rent on or before the due date.

Late Fees

Mississippi state law does not impose a statutory cap on late fees that landlords may charge for overdue rent. However, any late fees must be reasonable and must be clearly disclosed in the lease agreement before the tenant signs. Courts may refuse to enforce late fees that are considered excessive or punitive rather than compensatory. As a best practice, late fees typically range from $25 to $100 or 5% to 10% of the monthly rent amount.

Non-Sufficient Funds (NSF) Fees

If a tenant's rent payment is returned for non-sufficient funds (NSF check or bounced check), the landlord must notify the tenant in writing that the check was dishonored. The tenant then has 15 days from receipt of the notice to pay the full amount owed plus a service charge. The service charge may not exceed $40. ^[4] Failure to pay within the 15-day period creates prima facie evidence of fraudulent intent, and the landlord may proceed with eviction proceedings.

Withholding Rent for Repairs

If the rental property requires repairs that materially affect health and safety, and the landlord fails to make the necessary repairs within 30 days after receiving written notice from the tenant, the tenant may exercise the "repair and deduct" remedy. ^[5] Under this provision, the tenant may:

• Make the repairs themselves or hire a contractor***
• Deduct the reasonable cost of repairs from future rent payments***
• The amount deducted cannot exceed one month's rent***
• This remedy may only be used once every six months***
• The tenant must be current on rent and not responsible for the damage***

Landlord's Right to Enter

Notice Requirements

Mississippi law does not require landlords to provide advance notice before entering the rental unit. Unlike many other states that mandate 24 or 48 hours' notice, Mississippi has no statutory notice requirement. However, landlords should still exercise reasonable discretion and respect tenant privacy. Many landlords voluntarily provide notice as a courtesy and to maintain good landlord-tenant relationships.

Emergency Access

In emergency situations—such as fires, gas leaks, burst pipes, or other urgent safety hazards—the landlord or property manager may enter the rental unit immediately without providing any advance notice to the tenant. Emergency access is necessary to prevent property damage, protect the safety of occupants, or address immediate threats to health and welfare.

Breaking a Lease

Non-Payment of Rent

When a tenant fails to pay rent on time, the landlord may issue a 3-Day Notice to Pay or Quit. ^[6] This notice gives the tenant three days to either pay the overdue rent in full or vacate the property. If the tenant does not comply within the 3-day period, the landlord may file an eviction lawsuit in justice court. The notice must be properly served according to Mississippi law, either by personal delivery, posting on the door, or certified mail.

Non-Compliance With Lease Terms

If a tenant violates terms of the lease agreement (other than non-payment of rent), the landlord may issue a 14-Day Notice to Comply or Quit. ^[7] This notice provides the tenant with 14 days to either correct the lease violation or move out. Common lease violations include: unauthorized pets, unauthorized occupants, excessive noise disturbances, property damage, illegal activity, or other breaches of lease terms. If the tenant fails to remedy the violation within 14 days, the landlord may proceed with eviction.

Tenant's Right to Terminate for Landlord Breach

If the landlord materially breaches the lease agreement or fails to maintain the property in habitable condition, the tenant has the right to provide written notice of the breach to the landlord. If the landlord does not remedy the breach within 14 days of receiving the notice, the tenant may terminate the lease without penalty. ^[8] This protects tenants from being locked into leases when landlords fail to meet their legal obligations, such as making necessary repairs, providing essential services, or maintaining safe living conditions.

Tenant Utility Shutoff

If the tenant fails to keep essential utilities (such as water, electricity, or gas) connected to the rental property, and this failure constitutes a violation of building and housing codes affecting health and safety, the landlord may terminate the lease. ^[9] The landlord must provide the tenant with a 14-day notice to restore utilities or vacate the property. If utilities are not restored within 14 days, the landlord may proceed with eviction.

Self-Help Evictions (Lockouts) Are Prohibited

Mississippi law prohibits "self-help" evictions. Landlords cannot force a tenant out by changing locks, removing doors, shutting off utilities, or removing the tenant's belongings without following proper legal eviction procedures. Even if the tenant has not paid rent or violated the lease, the landlord must file an eviction lawsuit and obtain a court order. Illegal eviction tactics may result in the landlord being liable for damages and attorney's fees.

Abandonment and Accelerated Eviction

If a tenant owing rent abandons or deserts the rental property, Mississippi law provides an accelerated eviction process. ^[10] The landlord may request that a county constable inspect the premises and post a notice demanding the tenant pay all rent and fees owed within 5 to 15 days. If the tenant fails to respond and any property left behind does not cover the full amount owed, the court will grant the landlord possession of the property within 48 hours. This expedited process helps landlords quickly regain possession of abandoned properties.

Lease Termination

Month-To-Month Tenancy

Unclaimed Property After Eviction

When a tenant is evicted by court order and leaves personal property behind, Mississippi law gives the tenant only 72 hours after the court-ordered move-out date to claim their belongings. ^[12] If the tenant fails to remove their property within this 72-hour window, the landlord may take possession of the property or dispose of it without providing any additional notice to the tenant. The landlord is not required to store abandoned property or attempt to return it.

**Important Distinction: **The 72-hour rule for unclaimed property only applies after a court-ordered eviction. In cases of voluntary move-out or lease expiration, landlords should exercise more caution and may want to provide additional notice before disposing of abandoned property to avoid potential liability.