Mississippi Notice to Tenants of Intent to Sell
In Mississippi, the Residential Landlord and Tenant Act does not set a specific notice period a landlord must give simply for intending to sell, so this AI guide explains what notice you actually owe your tenant, from the 30-day rule for month-to-month tenancies to the 2-day notice before showings, with attorney-review available if you want a licensed lawyer to check your notice before you send it.
Introduction
So, you're planning to sell your rental property in Mississippi and have a tenant currently living there. What are your legal obligations? Many landlords are surprised to learn that Mississippi law doesn't actually have a statute requiring a specific 'Notice of Intent to Sell.' However, that doesn't mean you're off the hook. You still have clear duties under the state's Residential Landlord and Tenant Act. This guide breaks down what you really need to do, from providing the mandatory 30-day notice to end a month-to-month lease to giving proper 2-day notice before showings. We'll help you navigate the process correctly and maintain a positive relationship with your tenant.
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Key Things to Know
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Thinking of ending a month-to-month lease during the sale? Mississippi law is clear: you (or the new owner) must give the tenant at least 30 days' written notice.
- 2
Need to show the property? You can't just drop by. The law requires you to give your tenant at least two days' advance notice before entering to show the home to a potential buyer.
- 3
What about the security deposit? That 45-day deadline to return it or provide an itemized list of deductions after the tenancy ends doesn't change just because the property is sold.
- 4
Don't look for an official state form for this notice, because one doesn't exist. A clear, well-written letter is the standard and accepted method in Mississippi.
- 5
To avoid confusion, tenants must keep paying rent to you until the sale is final and they receive written notice from the new owner with updated payment instructions.
- 6
The simple act of putting a 'For Sale' sign in the yard doesn't legally require you to send a notice. The notice requirements are tied to terminating a lease or entering the property, not the sale itself.
- 7
If your tenant has a fixed-term lease, the new buyer inherits it. The lease stays in effect until its original expiration date, legally binding the new owner to all its terms.
Key decisions before you file
Before you file a Notice to Tenants of Intent to Sell in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.
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Mississippi Requirements for Notice to Tenants of Intent to Sell
No Statutory 'Intent to Sell' Notice Period
Mississippi's Residential Landlord and Tenant Act (Miss. Code Ann. Sections 89-8-1 through 89-8-29) does not mandate a specific notice period for a landlord's general intent to sell the property to a tenant. Any required notice comes from the termination and entry rules instead.
30-Day Notice to End a Month-to-Month Tenancy
To terminate a month-to-month tenancy in Mississippi, the landlord must provide at least thirty (30) days' written notice. A pending sale does not shorten this period, and the notice may be given by the current or new owner.
Fixed-Term Lease Survives the Sale
A fixed-term lease continues until its expiration date, and the new owner is bound by the existing lease agreement. The buyer takes the property subject to the tenant's current rent, term, and deposit terms.
Two-Day Notice Before Showings
A Mississippi landlord must give the tenant at least two (2) days' notice before entering to show the property to prospective purchasers. Landlords often provide 24 to 48 hours per showing and schedule reasonable time windows.
45-Day Security Deposit Return
After the tenancy ends, the landlord must return the security deposit, or an itemized statement of any deductions, within forty-five (45) days. This deadline is unaffected by the sale of the property.
Deliver Notice in Writing
Because a sale can affect showings, termination, and the deposit, provide any notice to the tenant in writing and keep a copy. A signed acknowledgment of receipt creates a clear record for both parties.
No Official State Form
Mississippi does not publish an official state form titled 'Notice to Tenants of Intent to Sell.' A clear written letter identifying the property, the parties, and the tenant's continuing rights satisfies the practical need.
Continue Rent Until Closing Instructions Issue
The tenant should continue paying rent to the current landlord until receiving written notice of the sale's closing and new payment instructions. This avoids confusion about where and to whom rent is owed during the transition.