| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Mississippi?
Mississippi landlords have the right to enter a rental property only as allowed by the lease or required by the law. In Mississippi, this means unless the lease says otherwise, the landlord can only enter for maintenance purposes, and in emergencies.
Can a Landlord Enter Without Permission in Mississippi?
Mississippi landlords can legally enter a rental property without the tenant’s permission to conduct needed repairs or protect the property in emergencies.
Can a Landlord Enter Without the Tenant Present in Mississippi?
Mississippi landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Mississippi?
Mississippi landlords can’t show an occupied house unless the renter agrees to it, whether in the lease or on a case by case basis.
How Often Can Landlords Conduct Routine Inspections in Mississippi?
Mississippi landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case depending on things like the maintenance needs of the property.
How Much Notice Does a Landlord Need To Provide in Mississippi?
Mississippi landlords don’t have to provide advance notice before entering, but unannounced entries may interfere with the tenant’s right to quiet enjoyment of the property. As a general rule, a minimum of 24 hours is reasonable advance notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in Mississippi?
Mississippi landlords can enter without proper advance notice, but unannounced entries may interfere with the tenant’s quiet enjoyment of the property.
How Can Landlords Notify Tenants of an Intention To Enter in Mississippi?
Mississippi landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Mississippi?
Mississippi tenants can refuse landlord entry for any purpose that wasn’t agreed in the lease, other than emergencies and necessary maintenance. Even for legally allowed purposes, tenants can refuse entries performed in an unreasonable time or manner (for example, showing up at 2:00 AM for maintenance that isn’t time-sensitive).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Mississippi?
Mississippi landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Deliver a written 14-day notice to comply under threat of canceling the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in Mississippi?
Mississippi tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended that tenants provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Mississippi?
Mississippi tenants can take any of the following actions if the landlord enters illegally:
- Get a court order to force access.
- Deliver a written 14-day notice to comply under threat of canceling the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 Miss. Code Ann. § 89-8-23(1), (2), & (4) (2022)
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“(1) A landlord shall at all times during the tenancy: (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded…
“(2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant’s permission…
“(4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant’s affirmative act or failure to comply with his obligations under Section 89-8-25 [tenant’s legal responsibilities].”
Source Link - 2 Gulf Refining Co. v. Terry, 163 Miss. 869, 887-88 (Miss. 1932)
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“[T]here being no provisions in the lease to the contrary, it [conveys] to the lessee the right to the exclusive possession and occupation of every part of the land, with which possession and occupation the landlord has no right to interfere. Moreover, the lease containing no provision to the contrary, there arises from it by implication a covenant for the quiet enjoyment of the leased premises by the lessee against the lessor and all persons claiming under him. This covenant is broken the moment the possession of the lessee is invaded by the lessor for any other purpose than to discharge an obligation the lessor may owe to the lessee or to the public; or to restore such destroyed improvements as the lessor has the right to restore.”
Source Link - 3 Miss. Code Ann. § 89-8-13(3)(a) & (3)(b) (2022)
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“The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following: (a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate; (b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days’ notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement.”
Source Link
