The Mississippi sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Mississippi?
A tenant does have to get the landlord’s explicit permission to sublet in Mississipi. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having no rental history or for having a pet.
Standardized Mississippi Sublease Agreements
A standard form can be used in Mississippi to create a sublease. Here’s what is generally included in a Mississippi sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Term – State the beginning and ending date of the sublease.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Master Lease Inclusion – A copy of the original lease is attached to the sublease. If any exceptions in the original lease are not included they should be clearly stated in this section.
- Authorized Occupants – This identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor continues to have the ultimate responsibility to pay for any damages that impact the landlord as stated in the original lease agreement.
- Security Deposit -There is no limit on the maximum security deposit in Mississippi. The security deposit is held by the Sublessor (not the landlord).
- Pet Deposit – A pet deposit or other special deposit may be an additional amount except for service dogs or emotional support animals.
- Return of Security Deposit – Mississippi landlords have 45 days to return any unused portion of the security deposit.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Smoking Policy – If smoking is restricted in the rental unit, any designated smoking areas are identified in the sublease.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease
In Mississippi, a sublessor may be subject to state taxes and certain city and county lodging and tourism taxes if they sublet for less than 90 days. For example, in Pascagoula taxes include:
- Mississippi State Sales Tax – 7%
- Pascagoula Tourism and Economic Development Tax – 3%
