Free Mississippi Rental Lease Agreement


Mississippi Rental Lease Agreements

Other than landlords disclosing if they used paints with lead, what else do you know about the Mississippi landlord-tenant laws? Before you sign a lease agreement for your residential rental unit, read this article.

Official Rules and Regulations

  • The official Code

    • Landlord and Tenant – Miss. Code Ann. § 89-7

    • Limitation of Actions – Miss. Code Ann. § 15-1 and § 75-2A-506(1)

    • Residential Landlord and Tenant Act – Miss. Code Ann. § 89-8

  • Unofficial Codes

    • Landlord and Tenant – Miss. Code Ann. § 89-7

    • Limitation of Actions – Miss. Code Ann. § 15-1

    • Residential Landlord and Tenant Act – Miss. Code Ann. § 89-8

Security Deposit

In the rental lease agreement in Mississippi, you will realize that there are no statues for the security deposit maximum, security deposit interest, separate security deposit bank account, pet deposits, and non-refundable fees.

The deadline for returning the security deposit after the termination of tenancy, and the delivery of possessions, plus the demand by the tenant is 45 days.

  • Sone of the permitted uses for the security deposit include:

    • Unpaid rent

    • Cleaning the premises after the termination of tenancy

    • Repairs for the damages caused by tenant beyond the ordinary wear and tear

    • Any other reasonable and necessary expenses incurred following the tenant’s default.

    • The landlord should give a written and an itemized list and description of damages and charges.

No statute applies to the keeping of deposit withholdings or the receipt of deposits.

In case of non-compliance, and if the landlord violates the provisions of § 89-8-21, then the tenant gets to retain part or a portion of the deposit. And, in the absence of good faith, the landlord could be subject to damaged not exceeding $200 plus any actual damages.

Rent, Lease, and Fees

According to the Mississippi rental agreement laws, rent is due as stated in the lease.

However, there are no statutes for rent increase notice, rent grace period, late fees, prepaid rent, or if the tenant can withhold rent if the landlord fails to provide essential services like heat and water. There is also no rule on the abandonment or the early termination fee.

Returned check fees are $30.

The tenant is allowed to repair and deduct rent. But, this is only the case if the landlord fails to repair the specified defect in a 30-day written notice then, the tenant may correct the defect and then be entitled to a reimbursement offset against in future rent.

No statute states if the landlord may recover the court and attorney fees.

Also, there is no statute stating if the landlord must make any reasonable attempt to mitigate damages to the lessee, including any attempts to rerent.

Notices and Entry

No notice is required to terminate a tenancy in fixed end date leases.

In yearly leases with no end date, the termination notice required spans 2 months.

For monthly leases, a 30-day written notice is required for the termination of tenancy and one-week notice for termination of weekly leases.

The state of Mississippi has no statute on the date and time of move-out inspections.

A 3-day written notice is necessary for the termination of all leases in case of nonpayment.

In case of termination for a lease violation, if the tenant or the landlord violated the terms of the lease, or even when they fail to comply with their duties, then, a 30-day written notice could be given with details specifying the breach as well as the day that the lease will terminate. However, the lease will not terminate if the non-compliant party remedies the violation within 30 days after receiving the notice. Here is the catch – if the violation happens again within 6 months of the violation, a 14-day written notice is given.

No notice is given for immediate termination if there is a serious lease violation that jeopardizes health and safety.

In the state of Mississippi, there is no statute on whether or not a notice is required before entry.

For non-emergency repairs and maintenance, there is no statute indicating if an entry is required. There is also no statute on emergency entry without notice or emergency entry without notice.

Also, no statute stipulates what happens in case of entry during a tenant’s extended absence or even giving notice to tenant for the use of pesticides.

Lockouts and utility shutoffs – self-help evictions are, however, allowed in Mississippi. The landlord may, upon the expiration of the lease, recover the tenant’s possession of the unit, causing the tenant to quit the dwelling involuntarily. These details are available on § 89-8-21.

Disclosures and Miscellaneous Notes

Mississippi laws don’t have statutes for names and addresses, a copy of leases, domestic violence situations, landlord’s duties, tenant’s duties, retaliation and lead disclosures.

Legal Matters

The Mississippi Small Claims Court has set a limit of $3,500 and, the courts allow eviction cases.

The contract of limitations allows the lease contracts to last 4 years and 3 years for the oral contracts.

You can get more legal help from legal aid or the state of Mississippi Attorney general, Mississippi Bar, and the Judiciary.

Business Licenses

There are no state-wide licenses but, the local authorities may have regulations and requirements for licenses. You should, therefore check your local governing authority.

Armed with all the right information, fill in our Mississippi rental lease agreement form available online for expedited and professional processing.