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
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
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
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
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
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
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
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.
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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).