Mississippi Rent Increase Notice
In Mississippi a landlord must give at least 30 days written notice to raise the rent on a month-to-month tenancy, the same period Miss. Code Ann. Section 89-8-19 requires to change or end that tenancy. Mississippi has no statewide rent cap and local rent control is prohibited. Attorney review available.
Introduction
Under the Mississippi Residential Landlord and Tenant Act, the length of notice for a rent increase follows how often rent falls due. A rent increase notice is the written notice a Mississippi landlord gives a tenant to raise the rent on a home, setting out the new monthly amount and its start date. The state has no rule aimed only at increases, so a landlord changes the rent on a periodic tenancy by giving the same written notice needed to change or end it: at least 30 days on a month-to-month tenancy, or at least 7 days on a week-to-week tenancy (Miss. Code Ann. Section 89-8-19). The raise starts only once that period runs, and no longer notice is owed for a larger jump. Mississippi caps nothing statewide, and it goes a step further than most states by forbidding local rent control outright: a municipality may not regulate the amount of residential rent (Miss. Code Ann. Section 21-17-5(2)(h)) and a county is barred by Section 19-3-40(2)(m), so no ordinance anywhere in the state can limit the figure. Rent under a fixed-term lease holds until renewal unless the lease allows a change, since a tenancy is month to month only where the agreement fixes no definite term (Section 89-8-19(1)). Written notice is required, with no extra mailing days, so the landlord should deliver early enough to leave the full period. DocDraft prepares your Mississippi rent increase notice from your entries, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is the written notice a Mississippi landlord gives a tenant to raise the rent on a home, setting out the new monthly amount and the day the higher rent begins.
- 2
Mississippi has no rent-increase-only rule, so a raise on a month-to-month tenancy rides on the same at-least-30-day written notice the law requires to change or end that tenancy (Miss. Code Ann. Section 89-8-19(3)).
- 3
On a week-to-week tenancy the period drops to at least 7 days written notice (Miss. Code Ann. Section 89-8-19(2)), and no longer notice is owed just because the dollar or percentage jump is larger.
- 4
Mississippi caps nothing statewide; no state statute limits the amount or percentage of a residential raise, so the landlord sets the new figure.
- 5
Local rent control is forbidden outright: a municipality may not regulate the amount of residential rent (Miss. Code Ann. Section 21-17-5(2)(h)) and a county is barred by Section 19-3-40(2)(m), so no ordinance in the state can cap the raise.
- 6
Rent under a fixed-term lease holds until renewal unless the lease allows a change, because a tenancy is month to month only where the agreement fixes no definite term (Miss. Code Ann. Section 89-8-19(1)).
- 7
The notice must be written and given to the tenant, with no extra mailing days added, and a notice short of the required period does not start until a full period has run.
Key decisions before you file
Before you file a Rent Increase Notice in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Mississippi Requirements for Rent Increase Notice
30-Day Written Notice on a Month-to-Month Tenancy
On a month-to-month tenancy a Mississippi landlord must give at least 30 days written notice before a rent increase takes effect. Mississippi has no rent-increase-specific statute, so the change uses the same 30-day written notice Miss. Code Ann. Section 89-8-19(3) requires to change or end that tenancy. A week-to-week tenancy uses at least 7 days written notice (Section 89-8-19(2)). The effective date must give the tenant at least that full period.
No Statewide Rent Cap
Mississippi has no statewide rent cap. No provision of the Mississippi Residential Landlord and Tenant Act limits the amount or percentage by which residential rent may be increased, so the landlord may set the new amount. The tenant's main protection is the written notice period, not a cap on the figure.
Local Rent Control Prohibited
Local rent control is prohibited in Mississippi. A municipality may not, without prior legislative approval, regulate directly or indirectly the amount of rent charged for private residential property in which it has no property interest (Miss. Code Ann. Section 21-17-5(2)(h)), and counties are barred by a parallel provision (Section 19-3-40(2)(m)). No local ordinance can cap a residential rent increase.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A tenancy is month to month only when the rental agreement does not fix a definite term (Miss. Code Ann. Section 89-8-19(1)). A rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
Written Notice and Delivery
Miss. Code Ann. Section 89-8-19 requires a written notice given to the tenant. Mississippi does not add extra days for service by mail, so the landlord should deliver the notice, by personal delivery or mail, early enough that the tenant has the full 30 days on a month-to-month tenancy. Keep a record of how and when the notice was given.
Counting the Effective Date
Count at least 30 days from when the written notice is given to the tenant on a month-to-month tenancy (Miss. Code Ann. Section 89-8-19(3)). Mississippi adds no mailing-days extension, so the period runs from the day the notice is given. The increase takes effect only on or after the first day past that 30-day period stated in the notice.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming the effective date is at least 30 days after the written notice is given as Miss. Code Ann. Section 89-8-19 requires. Because Mississippi has no rent cap, the notice states the new amount rather than a capped figure.
A Short Notice Is Not Effective
A rent increase that is given with less time than the law requires does not take effect on the stated date. Under Miss. Code Ann. Section 89-8-19 a month-to-month tenancy needs at least 30 days written notice, so the increase is effective only after a full 30-day period runs. A tenant may treat a short or improper notice as not yet effective and continue paying the prior rent until a proper period passes.