Every landlord needs to create a lease to define the terms of their tenancy, and a room rental agreement in Mississippi is no different. When used alongside property management software, a detailed contract can help landlords avoid disputes, confusion, and unnecessary stress. Instead, you can enjoy all the benefits of a Mississippi lease agreement, including a clear rent collection process and legal protection.
Follow the best practices in this helpful guide on Mississippi room rental agreements to stay compliant and hold everyone accountable. We’ll discuss all the laws you need to know, including:
- Mandatory landlord disclosures
- Security deposit laws
- Rent payment rules
- Room rental agreement breaches
- Landlord access laws
Let’s get started.
Room Rental Laws
First off, the following rules set the legal baseline for your responsibilities when renting out a room in your home:
- Make all mandatory disclosures.
- Comply with Mississippi’s health and safety regulations.
- Notify tenants before entering their room.
- Never engage in landlord harassment.
We’ll explain the must-know landlord-tenant laws in Mississippi after we discuss contract types and disclosures.
Different Types of Room Rental Agreements in Mississippi
Whether you’re renting out a room in Biloxi, Gulfport, or Jackson, you can use one of the following formats for your Mississippi room rental agreement:
- Verbal agreement: Top landlords don’t recommend word-of-mouth contracts. They don’t define the tenancy’s details in writing, making them less effective than a written lease.
- Fixed-term lease: If you can commit to renting out the room for 6 months to 1 year, consider using a fixed-term lease for its stability and clarity.
- Month-to-month lease: If you need more flexibility, a “tenancy at will” agreement is a good choice. Month-to-month leases automatically renew until either party terminates them by giving written notice.
Keep your relationship with the tenant and the length of the agreement in mind. And remember, avoid verbal agreements. Always create a clear, written lease to keep everyone on the same page.
Required Landlord Disclosures
Most states require landlords to make multiple disclosures in their lease agreement, but Mississippi doesn’t. Landlords only have to add the following federally required disclosure when creating a room rental agreement in Mississippi:
- Lead-based paint: When leasing a room in properties built before 1978, landlords must inform tenants about any known lead-based paint or lead-based paint hazards (42 U.S.C. § 4852d).
Next, we’ll run through the rental laws every landlord in the Magnolia State needs to know.
Security Deposit Rules
Maximum security deposit: Mississippi law doesn’t limit the maximum security deposit.
Security deposit receipt: Landlords don’t have to provide security deposit receipts.
Deduction tracking: You must give tenants an itemized list of deductions within 45 days of move-out (Miss. Code § 89-8-21).
Security deposit return: Return the tenant’s security deposit and itemized deduction list within 45 days (Miss. Code § 89-8-21).
Pet deposits: Mississippi landlords can collect a pet deposit, but not for Emotional Support Animals (ESAs) or service animals (42 U.S.C. § 3601 et seq.).
Rent Payment Rules
Late rent fees: State law doesn’t cap late fees.
Right to withhold rent: Tenants can’t withhold rent, but they can use the state’s legal repair and deduct process to offset the costs of necessary maintenance against future rent (Miss. Code § 89-8-15).
Grace period: Mississippi doesn’t mandate a grace period for rent payments.
Pet rent: Landlords may charge a reasonable pet rent if it is included in the lease.
Rent Payment Increase Rules
Rent payment increase frequency: State law doesn’t limit how often landlords can raise rent for a room rental agreement in Mississippi. However, landlords can’t raise the rent in the middle of a fixed-term lease unless they included a clause for doing so
Rent payment increase maximum: Mississippi law doesn’t cap rent increases.
Rent control/stabilization: Local governments can’t regulate the amount landlords charge tenants without the state’s approval (Miss. Code § 21-17-5).
Room Rental Agreement Breaches
Failure to pay: If tenants don’t pay rent, landlords can start the eviction process by giving them a 3-Day Notice to Pay or Quit in writing (Miss. Code § 89-8-13, 89-7-27).
Lease violations: Landlords can initiate an eviction after providing written notice of the violation and giving the tenant a 14-Day Notice to Cure or Vacate (Miss. Code § 89-8-13).
Self-help evictions: You can’t force a tenant out of their room by changing the locks, shutting off essential utilities, or removing their belongings.
Terminating a Room Rental Agreement
Month-to-month: To end a month-to-month room rental agreement, Mississippi landlords and tenants must provide 30 days’ written notice (Miss. Code § 89-8-19).
Fixed-term: Ending a fixed-term lease before its official end date may trigger the early termination penalties listed in the room rental contract.
Room abandonment: If a tenant abandons their room, the lease ends on the date the landlord reclaims the unit (Miss. Code § 89-8-13).
Tenant’s right to terminate: Tenants may end their lease without penalty by giving written notice in the following situations:
- The landlord violates the agreement (Miss. Code § 89-8-13)
- Habitability issues (Miss. Code § 89-8-13)
- Domestic violence (Miss. Code § 89-8-17)
- Military deployment (50 U.S.C. § 3955)
Landlord Access Laws
Immediate access: Landlords may enter only in extreme emergencies, such as fires or floods, without the tenant’s consent.
Landlord harassment: Landlords can’t harass tenants by making entry threats, entering their room unannounced, or showing up at inappropriate times.
Advance notice: Mississippi law doesn’t require landlords to give a specific amount of advance notice. However, it’s a best practice to give tenants at least 24 hours’ notice before entering.
Lease Agreement Renewal and Termination
Required renewals: Landlords aren’t required to renew a fixed-term lease upon expiration. If both parties wish to continue the arrangement, they must sign a new Mississippi room rental agreement.
Required notice: Landlords must give 7 days’ notice to end a week-to-week agreement, and 30 days’ notice to terminate a month-to-month lease (Miss. Code § 89-8-19).
Month-to-month considerations: If a fixed-term lease ends and the tenant continues renting the room, the tenancy converts to month-to-month.
In addition to following these laws, you’ll need to create an organized system for collecting rent, coordinating maintenance, and communicating with tenants. Property management software helps you complete all the tasks on your to-do list, saving you time.
Room Rental Agreement Mississippi FAQs
What to include in a Mississippi room rental agreement?
Make sure you add the state’s mandatory disclosures, your policies for rent collection and security deposits, and all house rules.
How do I legally rent out a room?
Use a room rental agreement in Mississippi, include all mandatory disclosures in the form, and follow the laws outlined in this guide.
How to make a Mississippi room rental agreement?
Keep it simple with a printable PDF template, made specifically for landlords in Mississippi.
