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What is a Mississippi Month-to-Month Rental Agreement?
A month-to-month rental agreement in Mississippi is very flexible. Either the tenant or the landlord can terminate the agreement by giving the other party 30-days notice prior to termination. Unless terminated, the agreement essentially automatically renews every month for the upcoming month as the tenant keeps paying the monthly rent.
The month-to-month agreement applies as long as there is not a weekly agreement, where the tenant pays rent every week. It also applies if there is no written rental agreement and if, by mutual acceptance, a tenant stays after the end of a written lease term for a rental agreement that is for more than a month.
Mississippi Notice Requirements for Month-to-Month Lease Termination
Section 89-8-19 of the Mississippi Code notes that a month-to-month rental agreement can be terminated by either the landlord or the tenant by one party giving the other a written 30-days notice before the termination date. In the absence of any written rental agreement, if the tenant pays rent on a monthly basis, then, the term is considered a month-to-month rental agreement and the same written 30-days notice before the termination date is required.
No notice is required under Section 89-8-19 (4) if the tenant is materially breaching the rental agreement in such a way that it significantly affects the health and safety of others.
Raising Rent in Mississippi
The amount that the landlord can raise the rent in Mississippi is not limited by law. For a month-to-month rental agreement, the landlord must give the tenant 30-days written notice in advance of any rent increase.
For lease agreements that are longer than one month, then the rent can only be increased after the termination of the lease unless there is a specific rent increase provision included in the written lease agreement.
In the absence of any rent increase provision in a lease agreement, a landlord who wishes to continue the rental can give the tenant written notice of the rent increase 30 days prior to the lease termination date. The lease can either be renewed for another period longer than one month or it automatically converts to a month-to-month agreement.