Mississippi Standard Residential Lease Agreement

A Comprehensive Guide to Residential Leasing in Mississippi

Introduction

A Mississippi residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that establishes the terms and conditions for renting a residential property. This agreement governs the relationship between the parties and includes provisions regarding rent amount, lease duration, security deposits, and the rights and obligations of both landlord and tenant. The most common term for residential leases in Mississippi is one year, though shorter or longer terms may be negotiated.

Mississippi residential leases are primarily governed by the Mississippi Residential Landlord and Tenant Act, codified at Miss. Code Ann. ^[1] 89-8-1 through 89-8-45. This statute establishes fundamental rights and duties for both landlords and tenants, provides procedures for security deposits, and outlines eviction processes.

Legal Framework

Mississippi's landlord-tenant relationship is governed by several layers of law:

State Law: The Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. 89-8-1 to 89-8-45) provides the primary statutory framework for residential leases. This act was significantly updated in 2022 with new eviction procedures.

Federal Law: The Fair Housing Act ^[2] (42 U.S.C. 3601-3619) prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.

Lead Paint Disclosure: Federal law ^[3] requires landlords of pre-1978 housing to provide tenants with lead-based paint disclosures and the EPA pamphlet "Protect Your Family From Lead in Your Home."

Required Disclosures

Lead-Based Paint Disclosure (pre-1978 Properties)

For residential properties built before 1978, federal law requires landlords to:

*Provide the EPA-approved pamphlet "Protect Your Family From Lead in Your Home" *^[4]

Disclose any known lead-based paint or lead-based paint hazards in the property

Provide any available reports or records concerning lead-based paint and/or lead-based paint hazards

Include a Lead Warning Statement in the lease and obtain tenant signatures confirming receipt

Security Deposits

Mississippi law governing security deposits is found at Miss. Code Ann. 89-8-21 ^[5].

Maximum Amount: Mississippi has no statutory limit on security deposit amounts. Landlords may require any amount as a security deposit, though the deposit must be reasonably related to its purpose.

Return Deadline: The landlord must return the security deposit within 45 days after the termination of tenancy, delivery of possession, and demand by the tenant.

Permissible Deductions: Landlords may deduct from the security deposit for:

Unpaid rent

Damages caused by the tenant (excluding ordinary wear and tear)

Cleaning costs upon termination

Other reasonable and necessary expenses resulting from tenant default

Written Itemization: When claiming any portion of the deposit, the landlord must provide written notice itemizing the amounts claimed.

Penalties for Violations: If a landlord wrongfully retains a security deposit in bad faith, they may be liable for up to $200 in damages in addition to any actual damages.

Rent Payment

Grace Period: Mississippi does not provide a statutory grace period for rent payments. Rent is due on the date specified in the lease agreement, and landlords may begin charging late fees immediately if rent is not paid on time.

Late Fees: Mississippi has no statutory limit on late fees. Landlords may charge reasonable late fees as specified in the lease agreement.

NSF (Bounced Check) Fee: Under Miss. Code Ann. 97-19-57 ^[6], a landlord may charge up to $40 as a service charge for a bounced check.

Landlord Duties

Under Miss. Code Ann. 89-8-23 ^[7], landlords must:

Comply with applicable building and housing codes materially affecting health and safety

Maintain the dwelling unit, plumbing, and heating/cooling systems in substantially the same condition as at lease inception (reasonable wear and tear excluded)

Not impose duties for defects caused by tenant's deliberate or negligent actions

Tenant Duties

Under Miss. Code Ann. 89-8-25 ^[8], tenants must:

Keep the premises clean and safe as conditions permit

Properly dispose of all waste in compliance with community standards

Keep plumbing fixtures clean

Use all facilities and appliances reasonably

Not deliberately or negligently destroy, deface, damage, or impair the premises

Conduct themselves (and ensure guests) do not disturb neighbors' peaceful enjoyment

Inform the landlord of conditions that may cause damage

Maintain the dwelling in substantially the same condition (reasonable wear and tear excepted)

Not engage in illegal activity on the premises as documented by law enforcement

Termination and Notice Requirements

Under Miss. Code Ann. 89-8-19 ^[9], termination notice requirements depend on the type of tenancy:

Fixed-Term Lease: Terminates automatically at the end of the lease term unless renewed.

Week-to-Week Tenancy: Either party may terminate by providing at least 7 days written notice prior to the termination date.

Month-to-Month Tenancy: Either party may terminate by providing at least 30 days written notice prior to the termination date.

Emergency Termination: Notice is not required when the landlord or tenant has committed a substantial violation that materially affects health or safety.

Eviction Procedures

Mississippi's eviction procedures were updated in 2022. Under Miss. Code Ann. 89-8-31 through 89-8-45 ^[10], a landlord may commence eviction proceedings for:

Breach of the rental agreement

Violation of the Residential Landlord and Tenant Act

Failure to vacate after lease expiration

Fair Housing Requirements

While Mississippi does not have a comprehensive state fair housing law, landlords must comply with the federal Fair Housing Act ^[2]. Discrimination is prohibited based on:

Race

Color

National Origin

Religion

Sex (including sexual orientation and gender identity)

Familial Status

Disability

Tenants who experience housing discrimination may file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Good Faith Requirement

Under Miss. Code Ann. 89-8-9, both landlords and tenants have an obligation to act in good faith in all matters relating to the lease. This requirement applies to lease negotiations, performance of obligations, and dispute resolution.

Prohibited Lease Provisions

Under Miss. Code Ann. 89-8-5, certain lease provisions are prohibited or unenforceable:

Provisions that waive tenant rights under the Residential Landlord and Tenant Act

Provisions that limit landlord liability for intentional or negligent acts

Agreements to pay the landlord's attorney fees beyond what is permitted by law

Creating a Mississippi Residential Lease Agreement

A comprehensive Mississippi residential lease should include the following sections:

1. Parties: Full legal names and contact information for landlord and tenant(s)
2. Property Description: Complete address and description of the rental unit
3. Term: Start date, end date, and type of tenancy (fixed-term, month-to-month)
4. Rent: Amount, due date, payment methods, and consequences for late payment
5. Security Deposit: Amount, conditions for return, and permissible deductions
6. Utilities: Which utilities are included and which the tenant must pay
7. Maintenance and Repairs: Responsibilities of landlord and tenant
8. Rules and Regulations: Pet policies, guest policies, noise restrictions, parking rules
9. Entry Rights: Conditions under which landlord may enter the property
10. Termination: Notice requirements and procedures for ending the lease
11. Disclosures: Required disclosures (lead paint for pre-1978 properties)
12. Signatures: Dated signatures of all parties