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Mississippi Roommate Agreement

The Mississippi reality that shapes this contract: no state Fair Housing Act, no lodger law, and no rule on cotenant versus subtenant status, so the written agreement and the formal eviction process are what actually govern.

Find out where you stand in Mississippi

Where are you with your roommate arrangement?

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Introduction

A roommate agreement is a private contract between co-tenants who share a home. It is separate from the lease: it does not bind the landlord, does not change who the landlord can collect rent from, and does not give either roommate any right against the landlord that the lease itself does not already give. In Mississippi, the Residential Landlord and Tenant Act (Miss. Code Ann. §§ 89-8-1 to 89-8-45) never grants a tenant a right to add a roommate and never defines whether an added roommate counts as a co-tenant or a subtenant. Mississippi also has no lodger-removal law: Miss. Code Ann. § 89-7-27 folds "undertenants" into the same formal court eviction process that applies to any tenant, so there is no faster self-help route. And Mississippi has never enacted a state Fair Housing Act, a 2026 bill to create one (H.B. 89) died in committee, so housing discrimination questions run on federal law alone. Your written roommate agreement, not a state statute, is what actually controls how you and your roommates share the home.

Key Things to Know

  1. 1

    Mississippi has no state Fair Housing Act. A 2026 bill to create one (H.B. 89) died in the House Judiciary A committee without a floor vote, so housing discrimination claims in Mississippi run only under federal law, with no state-added protected classes or advertising rules to report.

  2. 2

    Mississippi has no lodger law. Removing an unwanted roommate requires the same formal court eviction process, under Miss. Code Ann. §§ 89-7-27 to 89-7-39, that applies to any tenant. There is no faster, self-help removal path for a roommate who will not leave.

  3. 3

    Mississippi law does not say whether an added roommate is a co-tenant or a subtenant. Section 89-7-27 lumps "undertenants" in with tenants only for the eviction process, not to define status, so your lease and roommate agreement should say so directly.

  4. 4

    Under Mississippi's general debt statute (Miss. Code Ann. § 85-5-3), a landlord may sue any one or more co-signers of a jointly signed lease for the full rent, and a judgment against one roommate does not release the others. Build the split you actually want into your agreement.

  5. 5

    Mississippi's security deposit statute (Miss. Code Ann. § 89-8-21) governs only the landlord's handling of the deposit. It says nothing about dividing it among multiple roommates, so your agreement should set that split and the move-out process yourselves.

  6. 6

    Mississippi's Derrick Beard Act (Miss. Code Ann. § 89-8-29) lets a cosigner terminate a lease on the death of the lessee, or, when there is more than one lessee, on the death of all of them, the only place state law directly addresses multiple people on one lease.

  7. 7

    A Mississippi roommate agreement never binds the landlord. It is a contract between roommates only. It does not add anyone to the lease and does not require the landlord to accept a new occupant.

Key decisions before you file

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

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MISSISSIPPI Roommate Agreement (Compact State Terms)

This compact set states the Mississippi-specific terms of a Roommate Agreement. Use it together with the full national Roommate Agreement template, which contains the general provisions on parties, rent splitting, shared expenses, chores, guests, and quiet hours that Mississippi law leaves to the parties.

1. Governing Law. This Agreement is governed by the laws of the State of Mississippi. It is a contract between the undersigned co-tenants only. It does not bind the landlord, does not modify the Lease, and does not obligate the landlord to recognize any Roommate as a tenant.

2. Cotenant or Subtenant Status Not Defined by Statute. No Mississippi statute states whether a Roommate added to an existing tenancy is a co-tenant or a subtenant. Miss. Code Ann. § 89-7-27 references "undertenants" only to describe the eviction process, not to define status. The Parties agree that each Roommate's status is governed by the Lease and this Agreement.

3. Removal of a Roommate Requires Formal Eviction. Mississippi has no lodger law permitting removal of an occupant without a formal court process. Section 89-7-27 extends the same judicial eviction procedure to "undertenants" that applies to any tenant, and no lighter mechanism exists under §§ 89-7-27 to 89-7-39. No Party shall change the locks, remove another Party's belongings, or otherwise attempt self-help removal of a Roommate.

4. Rent Liability Among Roommates. Under Mississippi's general joint-debt statute, Miss. Code Ann. § 85-5-3, a landlord may sue any one or more co-signers of a jointly signed Lease for the entire rent, and a judgment against one does not release the others. The Parties agree that, as between themselves, each Roommate is responsible for the following share of total rent: [insert each Roommate's share].

5. Security Deposit Between Roommates. Miss. Code Ann. § 89-8-21 governs only the landlord's handling of a deposit; it does not apportion the deposit among multiple tenants. The Parties agree the deposit shall be contributed and, on move-out, divided among themselves as follows: [insert split and process].

6. Lease Termination on Death of a Lessee. Under Mississippi's Derrick Beard Act, Miss. Code Ann. § 89-8-29, a cosigner may terminate the Lease on the death of the lessee, or, where more than one person is a lessee, on the death of all lessees. This Agreement does not alter that statutory right.

7. No State Fair Housing Act. Mississippi has not enacted a state Fair Housing Act. There is no state-law exemption, state-added protected class, or state advertising restriction to apply to roommate selection beyond what the national template addresses. Roommate selection remains subject to federal law.

8. No Local Overlay Identified. No Mississippi city or county ordinance addressing roommate selection or cotenancy status was identified for this Agreement.

9. Execution. This Agreement is effective when signed by all Roommates. No Mississippi statute or reported decision addresses whether this Agreement must be notarized or witnessed; ask a Mississippi attorney before assuming neither is required.

This compact Mississippi set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Mississippi Requirements for Roommate Agreement

Mississippi Has No State Fair Housing Act

Mississippi has never enacted a state Fair Housing Act; a 2026 bill to create one (H.B. 89) died in committee. There is no state exemption, no state-added protected class, and no state advertising rule to report. Do not describe any state-level fair housing protection or exemption in Mississippi content.

Mississippi Has No Statutory Removal Shortcut

Miss. Code Ann. § 89-7-27 extends the formal judicial eviction process to "undertenants" the same as any tenant. There is no lodger law or lighter removal mechanism. Do not include self-help removal language for Mississippi.

Mississippi Leaves Cotenant vs. Subtenant Status Undefined

No Mississippi statute defines whether an added roommate is a co-tenant or a subtenant. Section 89-7-27 references "undertenants" only for the eviction process. The agreement should state each roommate's status directly rather than assume one.

Mississippi's General Debt Statute Creates Joint Exposure on a Joint Lease

Miss. Code Ann. § 85-5-3 lets a landlord sue any one or more co-signers of a jointly signed lease for the full rent; judgment against one does not release the others. The roommate agreement should still set each roommate's share as between themselves.

Mississippi Does Not Apportion the Security Deposit

Miss. Code Ann. § 89-8-21 governs only the landlord's handling of a security deposit, not how it is split among roommates. Include a clause setting each roommate's contribution and the move-out division.

Frequently Asked Questions

Yes. A Mississippi roommate agreement is a private contract between co-tenants, enforceable like any other contract. It does not bind the landlord and does not change the Lease; it only governs the relationship between the roommates who sign it.

No. Mississippi has no lodger law and no fast-track removal process. Miss. Code Ann. § 89-7-27 extends the standard court eviction process to "undertenants" the same as any tenant, so removing a roommate who will not leave requires the formal eviction process under §§ 89-7-27 to 89-7-39, not self-help.

No. Mississippi has never enacted a state Fair Housing Act. A 2026 bill to create one, H.B. 89, died in the House Judiciary A committee without a floor vote. Housing discrimination questions in Mississippi are governed by federal law only.

Mississippi statutes do not say. Miss. Code Ann. § 89-7-27 mentions "undertenants" only to describe how they are evicted, not to define their legal status. Your lease and roommate agreement should state directly whether a roommate is a party to the lease.

Under Mississippi's general debt statute, Miss. Code Ann. § 85-5-3, a landlord may sue any one or more co-signers of a jointly signed lease for the full rent, and a judgment against one does not release the others. Your roommate agreement should still set each roommate's share as between themselves.

No. Miss. Code Ann. § 89-8-21 only tells the landlord how to hold and account for a security deposit; it does not divide that money among multiple tenants. Your roommate agreement should set the split and the move-out process yourselves.

The Derrick Beard Act, Miss. Code Ann. § 89-8-29, lets a cosigner terminate a lease when the lessee dies, or, if there is more than one lessee, when all of them have died. It is the only place Mississippi law directly addresses multiple lessees on one lease, and your roommate agreement does not override it.

No Mississippi statute or reported decision addresses whether a roommate agreement must be notarized or witnessed. Ask a Mississippi attorney before assuming neither is required; signatures from all roommates are what make it a contract between them.

No. A roommate agreement is a separate contract between co-tenants; it cannot alter the Lease or bind the landlord. Any term that conflicts with the Lease, such as who is allowed to occupy the unit, is controlled by the Lease, not this Agreement.