A Mississippi sublease agreement gives a tenant a straightforward way to bring in a new occupant while staying within the terms of the original lease. This agreement creates an orderly transition from one tenant to the next, keeps the incoming party aligned with the primary lease, and maintains a legally sound rental arrangement for property owners.
Does a tenant need a landlord’s permission to sublease in Mississippi?
Mississippi law does not address subletting, so tenants need a landlord’s permission before bringing in a subtenant. Landlords maintain control of their property by requiring written approval, and clear lease language prevents confusion throughout the rental term.
Landlords strengthen their position by addressing subleasing in their Mississippi lease agreement. To cover subleasing in future leases, property owners can rely on a legally reviewed lease agreement builder to draft each contract on their behalf.
Information to Include in a Mississippi Sublease
Landlords benefit when they treat subleases the same way they handle any standard lease agreement, since both documents outline the obligations that shape the rental term. Below is the key information landlords should include within a Mississippi sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor so the agreement clearly identifies all parties to the sublease.
Rental unit address: List the complete address of the rental unit to confirm the exact property covered by the sublease.
Length of the sublease agreement: Note the start and end dates of the sublease to set firm expectations for the length of the rental term.
Rent amount: Record the precise monthly rent and specify the payment method both parties plan to use.
Division of utilities: Explain how the landlord and sublessor choose to split utility costs and attach any details within the landlord-tenant utility agreement.
Security deposit information: Outline the security deposit collected for the sublease and comply with all requirements under Mississippi security deposit law.
Maintenance protocols: Explain how the landlord and sublessor plan to manage repairs, schedule routine upkeep, and handle more extensive rental property maintenance.
Property policies: List the rules the sublessor must follow, including guest limits, noise expectations, parking guidelines, and any other property requirements.
Early termination terms: Clarify the conditions under which either party may terminate the sublease early, and note any notice requirements or related fees.
Landlord’s right to entry: Specify when the landlord may enter the rental property and follow the rules that govern when a landlord may enter the rental property.
Renter’s insurance: State whether the sublessor must maintain renter’s insurance and outline the level of coverage the landlord expects.
Landlord’s consent to sublease: Confirm that the landlord grants approval for the sublease and that the sublessor agrees to follow every term in the original lease.
Subtenant’s obligation to comply with the master lease: Make clear that the sublessor must follow every rule in the original lease so the rental remains aligned with the primary agreement.
Move-in condition checklist: Include a detailed move-in condition report to document the unit’s condition and provide both parties with a clear reference throughout the rental term.
Emergency contact information: Provide reliable emergency contact details so the landlord and sublessor can respond quickly when urgent issues arise.
Guest policy: Set clear expectations for visitors, including limits on overnight stays and any rules that support a well-managed property.
Copy of master lease: Attach the complete master lease so the sublessor understands all obligations associated with the rental arrangement.
Signatures: Gather confirmed signatures from all parties and offer the option to e-sign to simplify signing and maintain accurate records.
Additional attachments: Add any extra documents, disclosures, or property-specific rules that help clarify responsibilities within the sublease.
Taxes Implications for Short-Term Subleases
Short-term subleases in Mississippi may require lodging taxes when the stay meets the state’s definition of a short-term rental. Mississippi applies a 7% state sales tax to rental proceeds, and many cities add local lodging or tourism taxes on top of that. Because local rules vary, property owners should confirm the exact requirements before they allow a short-term sublease.
Landlords should review their local short-term lodging tax rules because rates and definitions differ across Mississippi.
For example, in Pascagoula taxes include:
- Mississippi State Sales Tax – 7%
- Pascagoula Tourism and Economic Development Tax – 3%
