Free Mississippi Rental Lease Agreement


Sample Mississippi Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Mississippi, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Mississippi, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Mississippi.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Mississippi (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Mississippi, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Mississippi, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Mississippi, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

Sample

MS Rental Lease Agreement

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