A Mississippi month-to-month lease agreement is a short-term rental arrangement that automatically renews each month until either the landlord or their tenant gives notice to terminate it. These types of rental agreements are especially popular when either party values adaptability or does not want to commit to a long-term agreement.
A month-to-month lease agreement, or tenancy at will, is governed by Mississippi landlord-tenant laws, which cover all aspects of the rental arrangement. Below, we’ll take a closer look at everything landlords need to know about a Mississippi month-to-month lease agreement.
Disclosures (1)
Each state requires landlords to disclose specific information to their tenants before signing a lease. Mississippi grants landlords significant discretion and requires no additional disclosures beyond those mandated by Federal law.
- Lead-based paint: Federal law, also known as Title X, requires landlords to give their tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
Optional Disclosures and Addenda
Although Mississippi law does not require additional disclosures, including these with your lease can help ensure everyone is on the same page and prevent confusion down the road.
Asbestos: Informs tenants of any asbestos in the rental and gives tips to minimize exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Landlord’s name and address: Provides the landlord’s name and contact information so their tenant can reach them if needed.
Late/returned check fees: Outlines the fees for late or returned rent checks. In Mississippi, there is no limit to the amount landlords can charge as a late fee. Returned check fees are capped at $40 per check (Miss. Code § 97-19-57(1)).
Medical marijuana use: Describes the policy for the use of medical marijuana in the unit.
Mold: Informs tenants of any mold in the unit and provides information on treatment options.
Move-in checklist: Details the condition of the rental unit at move-in, including any damages. Landlords should use the checklist to compare the condition at move-out with the condition at move-in and calculate any deductions.
Non-refundable fees: Explains any non-refundable fees that landlords charge during the tenancy at will.
Shared utilities: Outlines how landlords will split utility costs when the rental shares a utility meter with another unit or a common area.
Smoking: Informs tenants of the unit’s smoking policy, including any designated smoking areas that are on the property.
Additional Mississippi Month-to-Month Lease Laws
There are additional laws that will apply to your Mississippi month-to-month lease agreement. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
When it’s time to end your month-to-month lease agreement, giving proper notice is key.
Required notice for tenant: Tenants must give a minimum of 30 days’ written notice to terminate a Mississippi month-to-month lease agreement (Miss. Code § 89-8-19(3)).
Required notice for the landlord: Landlords must also give tenants a minimum of 30 days’ written notice to terminate the arrangement (Miss. Code § 89-8-19(3)).
Laws Governing Rent Increases
A month-to-month rental arrangement allows landlords flexibility to increase rent. Since there are no rent control or stabilization laws in Mississippi, landlords can increase the rent by any amount they deem necessary; however, they must still give proper notice.
In Mississippi, landlords must give their tenants at least 30 days’ notice before increasing the rent.
Lease Violations and Eviction
If a tenant violates any part of their Mississippi month-to-month lease agreement, state law outlines how the landlord should respond.
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 3-day Notice to Pay or Quit (Miss. Code § 89-8-13(5)).
Lease violation: For most other lease violations, landlords may issue a 14-day Notice to Cure or Quit, allowing their tenant 14 days to correct the issue. If a second violation occurs within 6 months, landlords may issue a 14-day Notice to Quit (Miss. Code § 89-8-13(3)).
Lease abandonment: If a tenant moves out of the unit before the lease ends, they may be financially responsible for the remainder of the lease. Unlike other states, Mississippi does not require landlords to attempt to re-rent the unit to limit losses (Miss. Code § 89-8-42).
Self-help evictions: Self-help evictions are illegal in Mississippi. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Mississippi law impacts how rent is paid and collected. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization laws do not exist in Mississippi.
Late rent fees: State law does not limit how much a landlord can charge as a late fee; however, the fee must be reasonable and clearly stated in the lease.
Grace period: Mississippi does not require landlords to offer a grace period to their tenants to pay late rent.
Tenant’s right to withhold rent: Tenants in Mississippi may not withhold rent per se, but may make repairs and deduct the cost from rent if the landlord fails to address the issue. The amount may not exceed 1 month’s rent, and the tenant must be up to date on rent payments to exercise this right (Miss. Code § 89-8-15).
Pet rent laws: Landlords may charge their tenant pet rent or collect a pet deposit if the amount is reasonable and the lease template clearly states the charges.
Security Deposits
Mississippi’s security deposit law also applies to month-to-month lease agreements.
Maximum amount: Mississippi law does not limit the amount a landlord may charge as a security deposit.
Deposit receipt: In Mississippi, landlords are not required to give their tenant a deposit receipt, though doing so is a good idea, especially for cash payments.
Interest payments: Landlords are not required to pay interest on their tenants’ security deposit payments.
Security deposit return: Landlords must return their tenant’s security deposit, withholding any deductions, within 45 days of lease termination (Miss. Code § 89-8-21(3)).
Deductions: Landlords can withhold funds from the security deposit to cover unpaid rent or excessive damage. If a landlord does so, they must provide your tenant with a detailed and itemized list of the charges (Miss. Code § 89-8-21(3)).
Property Access Laws
Even in a short-term rental arrangement, it is important to respect a tenant’s privacy.
Advance notice: Mississippi law does not require landlords to give a specific notice before entering the property; however, most landlords like to give tenants at least 24 hours’ notice.
Immediate access: In an emergency, landlords may enter the property without obtaining consent.
Harassment: Entering the unit repeatedly without reason or giving a tenant notice is considered a form of landlord harassment. In some cases, this may allow a tenant to break their lease early.
