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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

  1. 1

    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. 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. 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. 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. 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. 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. 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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A Landlord’s Guide: Your Mississippi Notice of Intent to Sell

Date of Notice: ________________

To Our Valued Tenant(s): ________________________________ Leased Property Address: ________________________________ City, State, ZIP Code: __________________, Mississippi ________

From the Current Owner/Landlord: ________________________________ Owner/Landlord Address: ________________________________

What Is This Letter About?

This is a courtesy notice to inform you that the rental property you currently occupy is being placed on the market for sale. We believe in open communication, and we want to ensure you understand what this process means for you. It's important to know that Mississippi law doesn't require a specific notice just for the act of selling a property. Instead, this letter is intended to explain how your existing lease, property access for showings, and other aspects of your tenancy will be handled during this period.

Does Selling the Property End My Lease?

No, the sale itself does not terminate your lease agreement. Your rights as a tenant are protected.

  • For Tenants on a Fixed-Term Lease: Your lease agreement is a binding contract that a new owner must honor. All its terms, including the rent amount and the expiration date, remain in full effect. The new owner simply steps into our shoes as your landlord until your lease term is over.
  • For Tenants on a Month-to-Month Tenancy: Your tenancy also continues under the existing terms. If either the current owner or the new owner decides to end the tenancy, they must provide you with at least thirty (30) days' advance written notice, as required by Mississippi law (Miss. Code Ann. § 89-8-19).

Please check the box that applies to your situation:

[ ] Your tenancy is a fixed-term lease ending on: ____________ [ ] Your tenancy is month-to-month.

How Will Showings to Potential Buyers Be Handled?

We understand that your home is your private space. To show the property to prospective buyers, we are legally required to give you at least two (2) days' advance notice before we or our real estate agent need to enter. We will always work to schedule these appointments at reasonable times and provide as much flexibility as possible to minimize any disruption to your routine. Your cooperation is greatly appreciated and helps ensure a smooth process for everyone.

What Happens to My Security Deposit?

Your security deposit is secure. The sale of the property has no impact on our legal obligation regarding your deposit. After your tenancy eventually concludes and you vacate the property, the landlord at that time must return your deposit (or provide an itemized list of any deductions) within forty-five (45) days. If the property sells and your tenancy continues, your deposit will be transferred to the new owner during the closing, and they will then become responsible for it. You will be notified in writing of this transfer.

Should I Keep Paying Rent as Usual?

Signature of Current Landlord/Owner: ________________________ Date: __________

Tenant Signature: ________________________ Date: __________

Disclaimer: This template is for informational purposes and does not constitute legal advice. Landlord-tenant laws can change. We recommend you verify current Mississippi statutes to ensure compliance. Attorney review is an available option.

You can learn more or create your own version of this document at DocDraft: (/legal-document/notice-to-tenants-of-intent-to-sell).

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.

Frequently Asked Questions

Mississippi has no standalone intent-to-sell notice on the books. What I do owe my tenant is a 30-day written notice if I plan to end a month-to-month lease, plus separate advance notice each time I need to enter for a showing. Those two duties cover most of the sale.

That depends on the lease my tenant holds. A fixed-term lease in Mississippi rides along to the buyer untouched. If the tenant is month-to-month, then either I or the new owner has to serve a proper 30-day written notice before they can be asked to leave.

No such form exists. Since Mississippi never requires a specific intent-to-sell notice, the state has no reason to print one. I simply write my tenant a clear, professional letter explaining that the property is going up for sale and how I plan to handle showings.

Mississippi requires me to give my tenant at least two days' notice before I or my agent step inside to show the home to a prospective buyer. I always put that notice in writing so the timing is documented and my working relationship with the tenant stays on good footing.

No. Selling does nothing to a fixed-term lease, which stays fully in force and passes to the buyer. Once the sale closes, the new owner takes over as landlord and is legally on the hook for every term of the agreement until its original end date arrives.

The law does not force me to send a formal intent-to-sell notice when the lease is staying put, but I strongly recommend it anyway. Telling my tenant early heads off surprises, makes coordinating showings far easier, and signals that I respect their rights through the handover.

Whatever I send has to state my intention to sell, lay out the way showings will be coordinated with my tenant, and make clear that a lease running on a fixed term stays fully enforceable even once a new owner takes title. Those three points anchor the whole notice.

The written notice ought to go out by a route that pins down proof my tenant got it. Delivering it face to face, posting it via certified mail with the return receipt option, or using any channel our lease sets aside for official notices all supply that proof.

At the closing table the deposit passes out of my hands and into the buyer's. Ownership of that money shifts to the new landlord, who from then on must keep it secure and refund it to my tenant at the point the lease term runs out.