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Mississippi Residential Lease Agreement

Create a free Mississippi lease agreement. Mississippi sets no deposit cap but requires it returned within 45 days, itemized. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property, including the rent, the length of the term, the security deposit, each party's responsibilities, and how the tenancy ends. In Mississippi, leases are governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. Sections 89-8-1 to 89-8-45. Mississippi sets no statutory cap on the security deposit, but the landlord must return the balance within 45 days after the tenancy ends, possession is delivered, and the tenant demands it, and must itemize any amount withheld. The Act imposes no state-mandated pre-lease disclosures beyond the federal lead-based paint disclosure for housing built before 1978, and it contains no statute setting advance-notice hours for landlord entry, so entry terms are left to the lease. Either party can end a month-to-month tenancy with 30 days written notice, or a week-to-week tenancy with 7 days notice. Mississippi has no statewide or local rent control; state law bars municipalities from regulating residential rent. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract that lets a tenant rent a landlord's residential property for a set rent and term, spelling out each party's responsibilities and how the tenancy ends.

  2. 2

    Mississippi sets no statutory cap on the security deposit amount. The landlord must return the balance no later than 45 days after the tenancy ends, possession is delivered, and the tenant makes demand (Miss. Code Ann. Section 89-8-21), and any amount withheld must be itemized in writing.

  3. 3

    The only disclosure Mississippi law requires is the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d). The Mississippi Residential Landlord and Tenant Act adds no further state-mandated disclosure.

  4. 4

    Mississippi has no statute setting advance-notice hours for landlord entry. Because the Residential Landlord and Tenant Act is silent on entry, the lease itself must set the notice period.

  5. 5

    There is no statutory cap on late fees and no statutory grace period for rent in Mississippi. Any late fee is simply whatever the lease requires the tenant to pay as part of rent.

  6. 6

    Either party may end a month-to-month tenancy with at least 30 days written notice, or a week-to-week tenancy with at least 7 days notice (Miss. Code Ann. Section 89-8-19). The Act sets no separate notice period for a rent increase in a periodic tenancy.

  7. 7

    Mississippi has no statewide rent control, and state law (Miss. Code Ann. Section 21-17-5) bars a municipality from regulating the amount of residential rent without prior legislative approval.

Key decisions before you file

Before you file a Residential Lease Agreement in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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MISSISSIPPI RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made between [LANDLORD NAME] (the landlord, or lessor) and [TENANT NAME] (the tenant, or lessee) for the residential property located at [FULL PROPERTY ADDRESS], Mississippi (the premises). This lease is governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. Sections 89-8-1 to 89-8-45.

  2. TERM This lease begins on [START DATE] and, if a fixed term, ends on [END DATE]. If no end date is set, this is a month-to-month tenancy that renews each month until either party gives proper written notice to terminate.

  3. RENT Tenant shall pay rent of $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT ADDRESS OR METHOD]. Mississippi's Act sets no statutory grace period and no cap on late fees; any late fee is only what this lease requires. Insert your late-fee amount and grace period here: $[AMOUNT] if rent is not paid within [NUMBER] days of the due date.

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT]. Mississippi imposes no statutory cap on the deposit and does not require a separate account or interest. Landlord shall return the balance no later than 45 days after the tenancy ends, possession is delivered, and tenant makes demand (Miss. Code Ann. Section 89-8-21). Notice of any amount withheld must itemize the amounts claimed. A landlord who withholds in bad faith may owe tenant actual damages plus up to $200.

  5. DISCLOSURES If the premises were built before 1978, landlord must give tenant the federal lead-based paint disclosure and pamphlet before signing (42 U.S.C. Section 4852d). Mississippi's Act imposes no additional state-mandated disclosures. Landlord's designated agent for tenant notices, if any: [AGENT NAME AND ADDRESS] (Miss. Code Ann. Section 89-8-7).

  6. ENTRY Mississippi's Act contains no statute setting advance-notice hours for landlord entry. Because the law is silent, this lease sets the terms: landlord shall give tenant at least [NUMBER] hours' notice before entering to inspect, repair, or show the unit, except in an emergency.

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and safe and use them only as a residence. Landlord shall maintain the premises in a fit and habitable condition. Neither party may waive rights the Act grants where the Act prohibits such a waiver (Miss. Code Ann. Section 89-8-5).

  8. TERMINATION Either party may end a month-to-month tenancy by written notice at least 30 days before the termination date; a week-to-week tenancy may be ended with at least 7 days notice (Miss. Code Ann. Section 89-8-19). The Act sets no separate notice period for a rent increase in a periodic tenancy; use the same notice period required to terminate before any rent change takes effect.

Landlord signature: _____________________ Date: _______ Tenant signature: _____________________ Date: _______

Note: This is a compact Mississippi lease skeleton governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. Sections 89-8-1 to 89-8-45. Mississippi has no statewide rent control, and Miss. Code Ann. Section 21-17-5 bars a municipality from regulating residential rent amounts without prior legislative approval. For the complete, customizable template, see the full Residential Lease Agreement template.

Mississippi Requirements for Residential Lease Agreement

Security Deposit: No Statutory Cap, 45-Day Itemized Return

Mississippi sets no statutory cap on the security deposit amount a landlord may charge. Under Miss. Code Ann. Section 89-8-21 the landlord must return the balance no later than 45 days after the tenancy ends, possession is delivered, and the tenant makes demand, and any amount withheld must be itemized in writing.

Bad-Faith Deposit Retention Penalty

If a landlord withholds a security deposit in bad faith, Miss. Code Ann. Section 89-8-21(4) allows the tenant to recover actual damages plus an amount not to exceed $200 in addition to those damages.

Federal Lead-Based Paint Disclosure Only

For housing built before 1978, the landlord must provide the federal lead-based paint disclosure and pamphlet before the lease is signed (42 U.S.C. Section 4852d). The Mississippi Residential Landlord and Tenant Act imposes no additional state-mandated disclosure.

No Statutory Entry-Notice Requirement

The Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. Sections 89-8-1 to 89-8-45) contains no section granting or conditioning the landlord's right of entry and no advance-notice-of-entry requirement. Entry terms are governed by whatever the lease itself specifies.

Late Fees: No Statutory Cap or Grace Period

Mississippi law recognizes late fees only as amounts required to be paid under the rental agreement (Miss. Code Ann. Section 89-8-7). No statute caps the late-fee amount and no statute sets a grace period, so the lease itself controls both.

Month-to-Month and Week-to-Week Termination Notice

A month-to-month tenancy may be ended by either party giving the other written notice at least 30 days before the termination date; a week-to-week tenancy needs at least 7 days written notice (Miss. Code Ann. Section 89-8-19).

No Statutory Rent-Increase Notice Period

The Mississippi Residential Landlord and Tenant Act sets no separate statutory notice period for a rent increase in a periodic tenancy. Many landlords use the same 30-day notice required to terminate a month-to-month tenancy under Miss. Code Ann. Section 89-8-19 before a rent change takes effect.

No Rent Control; No Waiver of Act Rights

Mississippi has no statewide rent control, and Miss. Code Ann. Section 21-17-5(2)(h) bars a municipality from regulating residential rent amounts without prior legislative approval. A rental agreement also may not waive or forgo rights, duties, or remedies the Act grants where the Act prohibits such a waiver (Miss. Code Ann. Section 89-8-5).

Frequently Asked Questions

A Mississippi residential lease should name the landlord and tenant, describe the rental property, state the rent amount and due date, the term, and the security deposit amount. It should note that Mississippi sets no statutory cap on the deposit but requires the balance back within 45 days of the tenancy's end, with any withheld amount itemized. The lease should also set its own entry-notice terms, since the Mississippi Residential Landlord and Tenant Act sets none, and include the federal lead-based paint disclosure if the home was built before 1978.

Mississippi sets no statutory cap on the security deposit amount a landlord can charge; the amount is set by the lease. Under Miss. Code Ann. Section 89-8-21 the landlord must return the balance no later than 45 days after the tenancy ends, possession is delivered, and the tenant demands it, and must itemize any amount withheld. A landlord who withholds a deposit in bad faith can owe the tenant actual damages plus up to $200.

Yes. You can generate a Mississippi residential lease agreement template at no cost using this tool, then fill in your property's details, rent, term, and deposit amount. Attorney review of the completed lease is available as an optional add-on before you sign, but it is not required to create or use the template.

No. The Mississippi Residential Landlord and Tenant Act does not require a residential lease to be notarized or witnessed to be valid. The lease is enforceable once both the landlord and tenant sign it, though keeping a signed copy for each party is good practice.

The Mississippi Residential Landlord and Tenant Act contains no statute setting advance-notice hours for landlord entry, so state law does not fix a specific notice period. Because the law is silent, the lease itself should spell out how much notice the landlord must give before entering, other than in a genuine emergency, and tenants should check their own lease language.

The federal lead-based paint disclosure is required for any rental home built before 1978 (42 U.S.C. Section 4852d). Beyond that, the Mississippi Residential Landlord and Tenant Act imposes no additional state-mandated disclosure, such as a mold, flood, or utility-billing disclosure that some other states require.

Either the landlord or the tenant may end a month-to-month tenancy by giving the other written notice at least 30 days before the termination date (Miss. Code Ann. Section 89-8-19). A week-to-week tenancy needs only 7 days written notice. The Act sets no separate statutory notice period for a rent increase, so many landlords use the same notice period required to end the tenancy before a rent change takes effect.

Yes. The Mississippi Residential Landlord and Tenant Act recognizes late fees as part of rent when the lease requires them, but the Act sets no statutory cap on the amount and no statutory grace period. The late-fee amount and any grace period are whatever the signed lease specifies, so tenants should read that section of their lease closely.