A Mississippi rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Mississippi landlord-tenant law governs and regulates these agreements.
Mississippi Rental Agreement Types
A Mississippi roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Mississippi Required Residential Lease Disclosures
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Mississippi residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Mississippi, click here.
Mississippi Landlord Tenant Laws
- Warranty of Habitability – Mississippi landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within 14 days after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, repair and deduct from the rent, or terminate the lease. Tenants aren’t allowed to withhold rent.
- Evictions – Mississippi landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in Mississippi take between a few days to a few weeks.
- Security Deposits – Mississippi does not set a maximum cap on what a landlord can charge for a security deposit. Upon lease termination, a landlord has 45 days to return any unused portion of a security deposit.
- Lease Termination – Mississippi lets tenants terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Mississippi does not set a maximum cap on the amount of a rent increase, or require landlords to provide any particular advance notice or justification. There is likewise no cap on late fees. Returned check fees are capped at $40.
- Landlord Entry – Mississippi landlords can enter rental property as agreed in the lease and/or required by law, for purposes reasonably related to the tenancy like maintenance and inspections. Mississippi’s landlord entry laws are minimal and nonspecific, leaving most details of entry policy up to individual leases or “reasonable” landlord-tenant expectations.
- Settling Legal Disputes – Mississippi allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $3,500. The statute of limitations for such contract issues is four years.
To learn more about landlord tenant laws in Mississippi, click here.
Sources
- 1 Miss. Code § 97-19-57(1)
-
As against the maker, drawer or payor thereof, the making, drawing, issuing, uttering, delivering, or initiation of a check, draft, order, electronically converted check, or electronic commercial debit payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker, drawer or payor shall not have paid the holder or payee thereof the amount due thereon, together with a service charge of Forty Dollars ($40.00), within fifteen (15) days after receiving notice that such check, draft, order, electronically converted check, or electronic commercial debit has not been paid by the drawee or payor’s bank.
Source Link
