Under Mississippi law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the lease agreement says.
Landlord Responsibilities in Mississippi
In Mississippi, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Mississippi’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | No | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Mississippi
Landlords must perform necessary repairs in a timely manner. In Mississippi, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Mississippi tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Mississippi
Tenants also have various responsibilities under Mississippi law. In Mississippi, tenants have a responsibility to:
- Keep the house, structural components, and fixtures free from damage.
- Keep all plumbing fixtures clean.
- Use all fixtures, facilities, and appliances in a reasonable manner.
- Maintain cleanliness standards set by the landlord (including garbage).
- Not unreasonably disturb neighbors and other tenants.
- Not deliberately/negligently destroy or damage any part of the premises.
- Inform the landlord of any condition which may cause damage to the premises.
- Not engage in any illegal activity.
Evictions in Mississippi
Mississippi gives landlords broad authority to evict tenants. The most common reasons for eviction in Mississippi are:
- Nonpayment of Rent: If rent is late, landlords can give a 3-Day Notice to Pay. If the tenant does not pay within three days, the landlord can begin the eviction proceedings.
- Violation of Lease Term: If a tenant violates the terms of their lease or does not abide by their responsibilities as a tenant, landlords can issue a 30-day Notice to Comply. If the terms are not met or the problem is not remediable, then landlords can proceed with eviction. If the same violation is committed within a six-month timeframe, the landlord can provide the tenant with a 14-Day Notice to Quit.
- No Lease/End of Lease: If the tenant remains on the property after the rental term has expired, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Year-to-Year: 2-Month Notice to Quit.
- Material Health/Safety Violation: A tenant can be evicted if they violate a building, housing, safety or health code. The landlord is not required to provide written notice and may immediately begin the eviction process.
- Illegal Acts: Mississippi law does not specify guidelines for eviction due to illegal acts. Thus, Mississippi landlords can establish their own eviction notice policies for documented illegal acts.
Mississippi landlords are prohibited from evicting tenants for discriminatory reasons or in retaliation.
Landlord Retaliation in Mississippi
It’s illegal for Mississippi landlords to retaliate with raised rent or bad-faith actions (including eviction in bad faith) against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Mississippi
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage excluding normal wear and tear, costs due to tenant’s default, and cleaning costs.
- Time Limit for Return: 45 days.
- Max. Penalty for Late Return: Tenants can sue for $200 plus actual damages.
Lease Termination in Mississippi
Notice Requirements: Tenants living under a fixed-end-date lease do not have to provide any notice at the end of the lease. Tenants who rent on a periodic basis must give the following notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 60 Days |
Early Termination: A lease can be broken legally in Mississippi for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Lease agreement violation
Cost of Breaking a Lease in Mississippi
If a Mississippi tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Mississippi
Mississippi does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Mississippi does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ notice to month-to-month tenants and 7 days’ notice to week-to-week tenants.
Housing Discrimination in Mississippi
Protected Groups: The Federal Fair Housing Act prevents discrimination based on race, color, nationality, religion, sex, familial status, or disability. Mississippi does not offer any extra protections for classes not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalty: The following actions may be deemed discriminatory:
- Refusing to rent or sell property on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Giving different terms, conditions, or privileges when renting or selling.
- Refusing to accept reasonable accommodations.
Mississippi does not have a standardized policy for documenting discrimination in housing. Mississippi tenants who feel they have been discriminated against can contact the Department of Housing and Urban Development.
Additional Landlord Tenant Regulations in Mississippi
In addition to having laws that address general issues like repairs and security deposits, most states, including Mississippi, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Mississippi
Mississippi landlords have the right to enter a rental property to do maintenance, to resolve emergencies, and for any other reasons reserved in the rental agreement. In most cases it’s reasonable for the landlord to provide advance notice before entering, but neither notice nor permission are needed in emergencies.
Rent Collection & Related Fees in Mississippi
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: State law does not cap how much a late fee can be, but it must be mentioned in the lease agreement to be charged.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Mississippi
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $3,500. Mississippi Small Claims Court is called Justice Court. The process takes approximately one to two months.
Mandatory Disclosures in Mississippi
Mississippi landlords are required to make the following disclosure to tenants:
- Lead-Based Paint: Houses built before 1978 must disclose concentrations of lead used in paints.
Changing Locks in Mississippi
Mississippi law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. By contrast, under most circumstances, landlords can’t unilaterally change locks on their tenants. The exception is when the landlord has good cause for an eviction and has reserved the right to lock the tenant out in a written lease.
Additional Resources for Mississippi Renters
Some cities in Mississippi have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Fair Housing Complaints – Mississippi does not maintain its own system for reporting fair housing discrimination, but tenants can file complaints with the Federal Department of Housing and Urban Development.
Attorney General of Mississippi – Mississippi’s Attorney General generally provides the public with information about laws and their execution in the state. Landlords or tenants with questions about their obligations under state law should contact this office for more information.
