Mississippi Residential Lease Agreement

Templates | What to Include | Applicable Law

Get your FREE Mississippi residential lease agreement and read further about required disclosures in Mississippi lease agreements, optional addendums and more.

Templates

All of the below residential lease agreement templates have been vetted to make sure they fit for Mississippi’s legal needs. In Mississippi, there are no state-specific disclosures required by landlords. However, for units built prior to 1978, you’ll also need to include a disclosure about lead-based paint.

Caution: USE AT YOUR OWN RISK. These may not be up to date for 2019 and are not attorney-vetted for all legally required details & protection specific to your unit(s). See details below table.

OrganizationYear Created# of PagesFile FormatLink
Missisippi Disaster RecoveryN/A11PDFClick Here
Mississippi Realtors20148PDFClick Here

“Should I even use a free lease agreement template?”

If you are a tenant simply looking to formalize your renting relationship, the above options will suffice. If you are a landlord, we seriously caution the use of free “one size fits all” templates due to the opportunity cost of an incorrect or incomplete lease agreement (think: premature lease breaking, fines for non-disclosures, etc.).

With that said, unless you’re renting out 100+ units, you probably don’t need to spend a few hundred dollars of an attorney’s time to get one drafted. A few different law startups have created step-by-step legal document wizards that take 5-10 minutes, and only run you ~$30 for a lease agreement (or a few bucks a month for access to all document templates you’d need).

Quick Facts for Mississippi

Max Term

No limit

Max Security Deposit

No limit

Who Needs to Sign

Landlord, all tenants, and all co-signers or guarantors

Required Disclosures

Landlord’s Address, Dangers of Radon Gas, Security Deposit Holdings (how deposit is being stored)

Legal Early Termination

Beyond written mutual consent, a tenant can break their lease without penalty in Mississippi if they’re starting active military duty, the unit is considered uninhabitable, or the landlord violates their privacy rights. In these cases, the landlord must make reasonable effort to re-rent the unit. A landlord may break a lease in Mississippi for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. Before breaking a lease, the landlord must first serve the tenant written notice.

Addendums to Consider

Pets, Utility Allocation, Mold, Criminal Activity, & Marijuana Use (marijuana is legal for medical use in Mississippi)

What’s in a Mississippi Residential Lease Agreement

To start, let’s make sure we’re on the same page:

DEFINITION

A residential lease agreement is a contract between a landlord and a tenant for the use of property for a fixed period in exchange for regular payments. By contrast, a rental agreement has no fixed period, and as a result, is usually month-to-month (read more). Residential lease agreements are governed by Mississippi landlord-tenant law.

Let’s now go through what you need to include in a residential lease agreement template in Mississippi. This includes:

Basic Elements of Residential Lease Agreements in Mississippi

A lease introduction clearly states the full names of the tenant(s) and landlord(s), the date of the agreement and a detailed description of the rental property.  It is critical to be as specific as possible when creating a lease introduction. The necessary components of a lease introduction are listed here:

  • Names of the tenant and landlord:  This is a small, yet crucial, piece of a residential lease agreement.  The residential lease should include the full legal names of all adults living in the rental property.  These names should be written or typed clearly. Shortened versions of names, abbreviations or nicknames should not be used.  This ensures that involved parties are held accountable in the event of legal action.  
  •  Date of the agreement:  The date of the lease should be fully written, indicating the month, day and year.  Dashes, slashes or abbreviations should be avoided to maintain clarity.  
  • Terms & Limits of Occupancy: This section defines the beginning and end date of the lease agreement, including provisions for any extensions. After any fixed periods, the contract can be week-to-week, month-to-month, quarter-to-quarter, or from year-to-year. The periods at which the rent is to be paid determine the tenancy.
  •  Address and description of the rental property:  Here, the explicit address of the property should be stated. The landlord’s address should also be stated. This portion of the lease introduction makes it clear to both parties which features of the property are included in the lease.  It should list all fixed and non-fixed features that are a part of the property. This may encompass:
    • Interior boundaries
    • Specific rooms
    • Stove
    • Refrigerator
    • Dishwasher
    • Microwave
    • Washer
    • Dryer
    • Balcony/patio
    • Light fixtures
    • Ceiling fans
    • Air conditioning units
    • Fireplace
    • Yard or other outdoor space
    • Fence
    • Garage
    • Driveway
    • Parking area
    • Shed/additional storage
    • Basement
    • Exterior fixtures
    • Grills
    • Pool
    • Children’s play structure
    • Furnishings, such as tables, chairs, beds, patio furniture or other items
  • Rent, Utilities & Security Deposits: The amount of the first month’s rent, security deposit, and the total amount of funds required need to be clearly outlined on the lease agreement. The method by which the funds are to be paid should also be included.
EXAMPLE

This is a lease (the “Lease”) […] between (Name of owner of the property) (“Landlord”) and (Name of person(s) to whom the property is leased) (“Tenant”), made this day of (Date).

TERM. The lease will be for a term of (Number of months) beginning on (Start date) and ending on (End date).

PREMISES. The premises is a (Type of dwelling i.e. house, apartment, etc.) located at (Address of rental property). The following features are included on the property (List of amenities).

RENT & UTILITIES. Tenants will pay a monthly rent of (Rent amount) on the (Day) of each month. Tenants are responsible for utilities including (List of utilities).

Indicating these features in the lease introduction provides tenants with a list of items that they have access to throughout the duration of the lease and informs tenants which features are expected to remain on-premises after the lease term is complete.  It also protects the landlord’s property upon the termination of the residential lease agreement

For landlords, this information should be used for verification purposes. Make sure to ask for current photo identification, such as a driver’s license, to verify each tenant’s identity. Once that’s verified, you’ll want to do background checks on all tenants 18 or older (see our guide here).

Lead-Based Paint Hazards

This isn’t Mississippi-specific, but if the unit being rented out was built before 1978, the landlord is required to do the following 3 things:

  1. Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint (see latest pamphlet PDFs here).
  2. Disclose any known information concerning lead-based paint in the unit (i.e. its location, condition, etc.), and include any records or reports about the paint or its hazards. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
  3. Fill out and attach this disclosure form to the lease.

Pet Addendums in Mississippi

 The landlord must give written permission for a tenant to keep pets on the property. Pets are defined as dogs, cats, birds, fish, or other domestic animals of any kind.

The lease agreement shall specify how many animals the tenant can have and the type of animal.

Tenants are required to pay a pet deposit fee of an amount outlined in the lease, which is non-refundable. If provisions for maintaining a pet is not included in the lease, it shall be added as an addendum to the lease agreement.

NOTE

The signed pet agreement applies only to the pet specified in the signed contract. The pet addendum may not be substituted or transferred to any other pet. The landlord reserves the right to terminate the pet agreement if the tenant violates the terms of their contract.

Tenants are responsible for keeping their pets under control and not leaving them unattended for an unreasonable amount of time.

Tenants are responsible for their pets and any property damage caused by the pets.

It shall be the tenant’s responsibility to control any flea infestation because of their pets and to pay for the extermination of any and all affected areas.

The landlord is not liable for any injury that occurs from an attack or interaction with an animal, whether it occurs on or off the property. If an attack from an animal occurs and there is no fencing around the property, the landlord is not held liable because of the absence of a fence.

Although they are not required, the tenant is encouraged to obtain pet liability insurance if it is offered as a rider to their renter’s insurance policy.

After the lease has ended, the pet deposit will be used for cleaning the carpets or other areas damaged as a result of having pets on the premises.

Check out our sample of a pet addendum below.

This Addendum is made on [ DATE ] between [ LANDLORD’S NAME ] (Landlord) and [ TENANT’S NAME ] (Tenant), and is understood to modify the Residential Lease for [ PROPERTY ADDRESS ] originally dated [ DATE ].
1. PERMISSION

The landlord grants permission to the tenant to keep the domesticated pet(s) on the premises during the term of the lease agreement (INCLUDE LEASE START AND END DATE). The landlord may revoke permission at any time if the tenant fails to comply with any of the terms and conditions in the lease or following addendums.
2. SERVICE ANIMALS

Service, Guide, Signal, or Support animals are not “Pets” according to the Americans with Disabilities Act (ADA), as long as the animal is being used by the tenant to support a disability or handicap, or if the tenant is training the animal(s).

 

If the tenant’s pet actually a Certified Service Animal or in training to be a Certified Service Animal? : _______ Yes _______ No
3. ANIMAL PROFILE

Type of Animal(s): Dog, Cat, Bird, Rabbit, Pig, Reptile, Fish (circle all that apply)
Name of Animal(s): ________________________
Weight of Animal(s): ______________________ (lbs.)
Breed of Animals(s): ______________________
Age of Animal(s): ________________________
Spayed or Neutered?: __________ Yes _______ No
Current on Vaccinations?: _______ Yes _______ No
Valid Animal Licenses?: _________ Yes _______ No

______________________________________
Tenant Signature
______________________________________

Landlord Signature

Applicable Law

Beyond what’s stated in a residential lease agreement, there are numerous laws that govern a rental arrangement. We’ll go through the most important ones below.

Security Deposits in Mississippi

The laws regarding security deposits are found in Section 89-8-21 of the Mississippi Code.

Security Deposit Limit: There is no limit for the amount of security deposit. Security deposit funds do not have to be held in a separate bank account and interest does not have to be paid on deposits held.

Allowed Uses: Landlords can use a security deposit for unpaid rent, the cost of repairing damage caused by tenants, cleaning costs, and other reasonable costs caused by a tenant’s contractual default. A landlord and tenant may agree in writing to use the security deposit for the last month’s rent; however, this is not recommended.

Refund: The security deposit, less any allowable expenses, must be refunded within 45 days after the tenant moves out.

Penalty for Late Refund: This penalty is not to exceed $200 plus actual tenant damages.

Breaking a Lease in Mississippi

Under Section 89-8-15 of the Mississippi Code, if a landlord is given written notice of repairs that are needed to bring a rental unit to a habitable condition and fails to make the repairs within 30 days after receiving the written notice, a tenant is allowed to deduct the amount of the cost of the actual repairs, which are less than one month’s rent, from a future rent payment.

Under Section 89-8-23 of the Mississippi Code, a landlord has the duty to comply with building and housing codes regarding health and safety. The landlord must maintain plumbing, electrical, heating, and cooling systems unless damaged by a tenant. If the landlord fails to do these things within 30 days after the tenant gives the landlord written notice, then the tenant may use this as a reason to break the lease.

Eviction Process in Mississippi

Under Section 89-8-13 of the Mississippi Code, a landlord has the right to terminate a tenancy for a significant breach of the rental agreement by a tenant. The landlord may evict the tenant for the following:

  • Failure by the tenant to pay the rent.
  • The tenant damages the rental unit.
  • The tenant refuses to vacate the rental unit when the lease term ends.
  • The tenant materially violates the rental agreement’s terms and conditions.

If the tenant fails to pay the rent on time, the landlord can give the tenant a 3-Day Notice to Pay Rent or Quit. After those three days pass, the rent is considered late and late fees can apply. Then, for a continued failure to pay the rent, the landlord can file a Summons and Complaint to start the eviction process.

For other rental agreement violations, the landlord gives the tenant 30 day’s written Notice to Remedy or Quit. If the tenant fails to cure the breach within the 30 days, then, the landlord can sue the tenant for possession by filing a Summons and Complaint. This notice is reduced from 30 days to 14 days if the breach by the tenant is essentially the same as a breach that occurred during the previous six months. 

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.

Other Mississippi Templates and Forms

Read About Residential Lease Agreements in Other States

Colorado

Georgia

Hawaii

Idaho

Iowa

New York

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