A well-drafted Mississippi lease agreement keeps everything running smoothly by spelling out the details that protect both you and your renters. From payment terms to property rules, a good rental contract will help you avoid misunderstandings and keep great tenants year after year.
Disclosures (1)
Even the best agreement can fall apart if essential details are missing. Mississippi requires landlords to disclose certain information to give tenants a fair understanding of what they’re agreeing to.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in any home built before 1978.
Optional Disclosures and Addenda
While not all disclosures are required, going the extra mile can make life easier for everyone. Given that Mississippi law does not require many disclosures, consider adding this information to your lease agreement to help prevent costly confusion down the road.
Asbestos: Provides tenants with information on any asbestos hazards present on the property, as well as tips to minimize exposure and risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Landlord’s name and address: Gives the landlord’s name and contact information, in case of an emergency or required communication.
Late/returned check fee: Specifies fees for a late or returned rent check. Mississippi law does not limit the amount landlords can charge as a late fee. Returned check fees, however, are capped at $40 per check (Miss. Code § 97-19-57(1)).
Medical marijuana use: Outlines the policy regarding the use of medical marijuana in the rental, including any limitations or restrictions.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, as well as remediation options.
Move-in checklist: Details the condition of the unit at move-in to document any issues or damages. Use this checklist at move-out to determine if any deductions are needed.
Non-refundable fees: Discloses any non-refundable fees associated with your lease, to make them enforceable.
Shared utilities arrangement: Calculates how you will divide utility charges for any units that share a meter.
Smoking: Outlines the smoking policy in the unit, including any designated smoking areas that may be on the property.
Consequences of Not Including Mandatory Disclosures
Forgetting a key disclosure might seem minor until it isn’t. Leaving out required information can delay evictions, invite disputes, or limit what damages you can claim later. Taking the time to double-check your lease terms keeps everything enforceable and gives you peace of mind if an issue ever arises.
Security Deposit Regulations in Mississippi
Mississippi allows property owners to collect a security deposit, but sets specific terms that they must follow. Landlords are encouraged to document the deposit’s collection and return through written communication, even though state law doesn’t require receipts.
Maximum amount: Mississippi law does not cap the amount a landlord may collect as a security deposit.
Deposit receipt: You aren’t required to give your tenants a receipt for their security deposit payment, but it is best practice to keep a paper trail of all payments received.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 45 days of the lease termination (Miss. Code § 89-8-21(3)).
Deductions: Landlords may withhold deductions from a tenant’s security deposit to cover costs associated with unpaid rent or damages caused by the tenant beyond normal wear and tear. If a landlord takes deductions, they must give your tenant an itemized list of the deductions and return it along with the balance of their security deposit (Miss. Code § 89-8-21(3)).
Rent Payment Regulations
Mississippi doesn’t have strict rules on rent due dates or grace periods, which means it’s up to landlords to set clear expectations and share them with their tenants.
Rent control/stabilization: Rent control and stabilization do not exist in Mississippi.
Late rent fees: Mississippi does not set a limit on late fees, but the lease agreement must clearly state the fee.
Grace period: Mississippi does not require landlords to extend a grace period for late rent payments.
Tenant’s right to withhold rent: If there is an issue that could be considered a breach of the lease, the tenant should notify the landlord in writing. If the landlord does not remedy the problem in 30 days, the tenant may repair the issue themselves and deduct the cost from a future rent payment, assuming the amount is less than 1 month’s rent and the tenant is current with rent payments (Miss. Code § 89-8-15).
Violations
Even good tenants sometimes slip up, which can lead to lease violations. Mississippi law requires landlords to provide proper written notice before taking action.
Lease violation: If a tenant violates any portion of their lease, the landlord may issue a 14-day Notice to Cure or Quit, giving the tenant 14 days to remedy the issue. If there is another violation within 6 months, the landlord may issue a 14-day Notice to Quit, giving the tenant 14 days to vacate the property (Miss. Code § 89-8-13(3)).
Missed rent payment: When 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 abandonment: If a tenant abandons their lease before the end of its term, state law may find them financially responsible for the remainder of the lease term. Unlike other states, Mississippi does not require landlords to re-rent the unit as quickly as possible.
Self-help evictions: Evictions should only go through the legal process in Mississippi, as self-help evictions are illegal.
Terminating a Lease
When it’s time to terminate your lease, for whatever reason, having a transparent process can make all the difference. In Mississippi, the goal is a clean break, with no loose ends or lingering confusion for either party.
Standard lease: Mississippi tenants may terminate their fixed-term lease early if they meet certain qualifying conditions, such as active duty military service, uninhabitable living conditions, or an unenforceable lease. Tenants may also end a lease early in cases of landlord harassment, domestic violence, or the death of a tenant.
Month-to-month: Landlords and tenants may terminate a month-to-month rental agreement by giving 30 days’ written notice (Miss. Code § 89-8-19(3)).
Property abandonment: Mississippi law does not specify what landlords should do with abandoned property. Unless the lease specifically outlines what landlords should do, they are under no legal obligation to return or store the items.
Renewing a Lease
Renewing a lease gives both you and your tenants a chance to start fresh without starting over. If you’ve found renters who pay on time and take care of the property, offer renewal early and discuss any updates to rent or rules. A quick conversation and a simple lease agreement update can lock in another stress-free rental term.
Notice requirements: Mississippi landlords do not have to give any advance notice if they plan not to renew a fixed-term lease. Month-to-month rental agreements require 30 days’ written notice (Miss. Code § 89-8-19(3)).
Renewals: Mississippi landlords are not required to renew a tenant’s lease at the end of its term.
Landlord’s Access to Property
It’s your property, but it’s also your tenant’s home. While Mississippi doesn’t set a specific notice period for entry, giving advance notice, ideally 24 hours or more, is both courteous and practical. Respecting privacy keeps relationships positive and ensures smoother inspections, repairs, and maintenance visits.
Immediate access: If there is an emergency, landlords can enter the property without giving notice to the tenant.
Notice requirements: State law doesn’t mandate how or when landlords can enter the property, but it is best practice to give tenants at least 24 hours and only enter at reasonable times.
Harassment: If a landlord repeatedly enters a unit without just cause or at unreasonable hours, the tenant can file a court order to prevent the landlord from entering or even terminate their lease early (Miss. Code § 89-8-13).
