A Mississippi month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Mississippi (i.e., 1-year), click here.
How do Mississippi Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Mississippi landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Mississippi, either party may terminate a month-to-month lease agreement by giving at least 30 days’ notice. MS Code § 89-8-19
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.
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
In Mississippi there is no statute on the amount of notice that is required to increase the rent. Typically, the landlord provides advance notice to the tenant, and it is customary to provide least 30 days’ notice.
Notice must also be provided in written form.
How are Month-to-Month Tenants Evicted in Mississippi?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Mississippi. The process for eviction can be completed in 2-8 weeks, but can take longer depending on the circumstances.
For more information on the eviction process in Mississippi, click here.