Renting Out Your Property in Mississippi: A Guide for Landlords
Renting out property in Mississippi requires understanding specific state laws that govern landlord-tenant relationships, security deposits, and eviction procedures. Mississippi landlords must provide habitable housing while following state-specific regulations regarding lease agreements, tenant screening, and property maintenance.
Mississippi landlord-tenant law differs significantly from other states, with fewer tenant protections and no statutory limit on security deposits. Property owners must still comply with federal fair housing laws and should document all transactions and communications with tenants to protect their investment.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Mississippi Residential Landlord and Tenant Act
This is the primary law governing landlord-tenant relationships in Mississippi. It outlines the rights and responsibilities of both landlords and tenants, including lease requirements, security deposit limits, and eviction procedures. As a landlord in Mississippi, you must comply with these regulations when renting your property.
Security Deposit Limitations
Mississippi law does not set a specific limit on how much you can charge for a security deposit. However, you must return the deposit within 45 days after the tenant moves out, along with an itemized list of any deductions. Failure to comply can result in the tenant being awarded damages.
Fair Housing Act
This federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. As a landlord in Mississippi, you must ensure your tenant screening process and rental policies comply with these anti-discrimination provisions.
Landlord's Duty to Maintain Premises
Mississippi law requires landlords to maintain rental properties in compliance with applicable building and housing codes that materially affect health and safety. You must make all necessary repairs to keep the premises in a habitable condition and maintain all electrical, plumbing, sanitary, heating, and air conditioning systems.
Eviction Procedures
Mississippi requires landlords to follow specific legal procedures for evicting tenants. You must provide proper notice (typically 3 days for nonpayment of rent), file an eviction lawsuit, and obtain a court order before removing a tenant. Self-help evictions, such as changing locks or shutting off utilities, are illegal.
Lead-Based Paint Disclosure
Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leasing to tenants. You must provide an EPA-approved information pamphlet and include specific disclosure language in your lease agreement.
Regional Variances
Northern Mississippi
Oxford has stricter rental inspection requirements than most Mississippi cities. Landlords must register rental properties and pass annual inspections. The city also enforces noise ordinances that specifically target rental properties near the University of Mississippi campus, with higher fines for landlords who receive multiple complaints.
Tupelo requires landlords to obtain a privilege license before renting property. The city also has specific requirements for rental property maintenance, including more frequent exterior inspections in historic districts.
Central Mississippi
Jackson has a Rental Housing Code that requires landlords to register properties and pay annual fees. The city conducts more frequent inspections in designated revitalization zones. Jackson also has specific lead paint disclosure requirements that exceed state standards for properties built before 1978.
Madison has stricter zoning regulations that limit the number of unrelated individuals who can live in a single rental unit. The city also requires landlords to conduct background checks on potential tenants and maintain those records for inspection.
Gulf Coast Region
Biloxi has special flood zone requirements for rental properties. Landlords must provide tenants with flood history information and maintain additional insurance. The city also has specific regulations for short-term vacation rentals, including higher licensing fees and occupancy taxes.
Gulfport requires rental properties to meet enhanced hurricane building codes. Landlords must also provide tenants with emergency evacuation plans. The city has stricter regulations on security deposits, requiring them to be held in Mississippi banks with interest accruing to the tenant.
Suggested Compliance Checklist
Research Mississippi Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Mississippi's landlord-tenant laws, particularly the Mississippi Code Title 89, Chapter 8 (Residential Landlord and Tenant Act). Understanding these laws will help you avoid legal issues and ensure compliance. Pay special attention to rules regarding security deposits, eviction procedures, and maintenance responsibilities.
Obtain Required Business Licenses
7 days after startingCheck with your local municipality in Mississippi to determine if you need a business license or permit to operate a rental property. Requirements vary by city and county. Contact your local city hall or county clerk's office for specific information.
Register with Mississippi Department of Revenue
14 days after startingIf applicable, register with the Mississippi Department of Revenue for tax purposes. Rental income is taxable, and you may need to collect and remit sales tax on short-term rentals (less than 90 days).
Prepare a Rental Application Form
21 days after startingCreate a comprehensive rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics.
Draft a Residential Lease Agreement
28 days after startingCreate a legally binding lease agreement that outlines all terms and conditions of the tenancy. Include rent amount, due date, lease term, security deposit details, maintenance responsibilities, pet policies, and grounds for termination. Mississippi doesn't have many specific requirements for lease content, but your lease should be clear, comprehensive, and comply with state law.
Create a Move-In/Move-Out Inspection Checklist
30 days after startingDevelop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are justified. Include photographs with dates as additional documentation.
Prepare a Lead-Based Paint Disclosure Form
32 days after startingFederal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and lead-based paint hazards before leases take effect. Provide tenants with an EPA-approved pamphlet on identifying and managing lead-based paint hazards. Even if your property was built after 1978, documenting this fact can be helpful.
Create a Security Deposit Receipt
35 days after startingMississippi law doesn't specify a limit on security deposits, but you must provide a receipt when collecting one. The receipt should include the amount, date received, and a statement explaining the conditions under which the deposit may be withheld. Note that Mississippi doesn't require landlords to keep security deposits in separate accounts.
Establish Landlord's Rules and Regulations
38 days after startingCreate a document outlining specific rules for the property beyond what's in the lease. This might include quiet hours, trash disposal procedures, parking regulations, and common area usage. Ensure these rules are reasonable and don't violate any tenant rights under Mississippi law.
Prepare a Notice of Entry Form
40 days after startingMississippi doesn't have a specific statute regarding notice before landlord entry, but it's good practice to provide at least 24 hours' notice. Create a form to document when and why you need to enter the property, such as for repairs or inspections. This helps maintain good landlord-tenant relations and provides documentation of proper notice.
Secure Proper Insurance Coverage
45 days after startingObtain landlord insurance (also called rental property insurance) to protect your investment. This typically includes property damage, liability coverage, and loss of rental income. Standard homeowners insurance doesn't cover rental activities, so a specific landlord policy is necessary.
Ensure Property Meets Health and Safety Standards
50 days after startingMississippi doesn't have specific statewide habitability standards, but your property must still meet basic health and safety requirements. Ensure all systems (plumbing, electrical, heating) are functioning properly, the property is structurally sound, and free from pest infestations. Local building codes may have additional requirements.
Set Up a System for Rent Collection
52 days after startingEstablish a clear system for collecting rent, whether through online payments, mail, or in-person collection. Document your rent collection policy in the lease, including due dates, grace periods (if any), and late fees. Mississippi doesn't limit late fees, but they should be reasonable and specified in the lease.
Create a Maintenance Request Process
55 days after startingDevelop a system for tenants to submit maintenance requests and for you to respond to them. This could be through email, an online portal, or a written form. Prompt attention to maintenance issues is important to maintain the property value and fulfill your legal obligation to provide habitable housing.
Understand Eviction Procedures
60 days after startingFamiliarize yourself with Mississippi's eviction procedures. The process typically starts with proper notice (3 days for nonpayment of rent, 30 days to terminate a month-to-month tenancy). If the tenant doesn't comply, you must file an eviction lawsuit. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Mississippi Landlord-Tenant Laws | Familiarize yourself with Mississippi's landlord-tenant laws, particularly the Mississippi Code Title 89, Chapter 8 (Residential Landlord and Tenant Act). Understanding these laws will help you avoid legal issues and ensure compliance. Pay special attention to rules regarding security deposits, eviction procedures, and maintenance responsibilities. | - | 1 |
| Obtain Required Business Licenses | Check with your local municipality in Mississippi to determine if you need a business license or permit to operate a rental property. Requirements vary by city and county. Contact your local city hall or county clerk's office for specific information. | - | 7 |
| Register with Mississippi Department of Revenue | If applicable, register with the Mississippi Department of Revenue for tax purposes. Rental income is taxable, and you may need to collect and remit sales tax on short-term rentals (less than 90 days). | - | 14 |
| Prepare a Rental Application Form | Create a comprehensive rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics. | Rental Application Form | 21 |
| Draft a Residential Lease Agreement | Create a legally binding lease agreement that outlines all terms and conditions of the tenancy. Include rent amount, due date, lease term, security deposit details, maintenance responsibilities, pet policies, and grounds for termination. Mississippi doesn't have many specific requirements for lease content, but your lease should be clear, comprehensive, and comply with state law. | Residential Lease Agreement | 28 |
| Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are justified. Include photographs with dates as additional documentation. | Move-In/Move-Out Inspection Checklist | 30 |
| Prepare a Lead-Based Paint Disclosure Form | Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and lead-based paint hazards before leases take effect. Provide tenants with an EPA-approved pamphlet on identifying and managing lead-based paint hazards. Even if your property was built after 1978, documenting this fact can be helpful. | Lead-Based Paint Disclosure Form | 32 |
| Create a Security Deposit Receipt | Mississippi law doesn't specify a limit on security deposits, but you must provide a receipt when collecting one. The receipt should include the amount, date received, and a statement explaining the conditions under which the deposit may be withheld. Note that Mississippi doesn't require landlords to keep security deposits in separate accounts. | Security Deposit Receipt | 35 |
| Establish Landlord's Rules and Regulations | Create a document outlining specific rules for the property beyond what's in the lease. This might include quiet hours, trash disposal procedures, parking regulations, and common area usage. Ensure these rules are reasonable and don't violate any tenant rights under Mississippi law. | Landlord's Rules and Regulations | 38 |
| Prepare a Notice of Entry Form | Mississippi doesn't have a specific statute regarding notice before landlord entry, but it's good practice to provide at least 24 hours' notice. Create a form to document when and why you need to enter the property, such as for repairs or inspections. This helps maintain good landlord-tenant relations and provides documentation of proper notice. | Notice of Entry Form | 40 |
| Secure Proper Insurance Coverage | Obtain landlord insurance (also called rental property insurance) to protect your investment. This typically includes property damage, liability coverage, and loss of rental income. Standard homeowners insurance doesn't cover rental activities, so a specific landlord policy is necessary. | - | 45 |
| Ensure Property Meets Health and Safety Standards | Mississippi doesn't have specific statewide habitability standards, but your property must still meet basic health and safety requirements. Ensure all systems (plumbing, electrical, heating) are functioning properly, the property is structurally sound, and free from pest infestations. Local building codes may have additional requirements. | - | 50 |
| Set Up a System for Rent Collection | Establish a clear system for collecting rent, whether through online payments, mail, or in-person collection. Document your rent collection policy in the lease, including due dates, grace periods (if any), and late fees. Mississippi doesn't limit late fees, but they should be reasonable and specified in the lease. | - | 52 |
| Create a Maintenance Request Process | Develop a system for tenants to submit maintenance requests and for you to respond to them. This could be through email, an online portal, or a written form. Prompt attention to maintenance issues is important to maintain the property value and fulfill your legal obligation to provide habitable housing. | - | 55 |
| Understand Eviction Procedures | Familiarize yourself with Mississippi's eviction procedures. The process typically starts with proper notice (3 days for nonpayment of rent, 30 days to terminate a month-to-month tenancy). If the tenant doesn't comply, you must file an eviction lawsuit. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi. | - | 60 |
Frequently Asked Questions
In Mississippi, a valid lease agreement should be in writing for terms longer than one year (per the Statute of Frauds). The lease should include: names of all parties, property description, rental amount, payment terms, lease duration, security deposit details, maintenance responsibilities, and any specific rules. While oral leases for less than a year can be legally binding, written agreements are strongly recommended for all rental arrangements to avoid disputes.
Mississippi law does not set a specific limit on security deposit amounts, giving landlords flexibility in determining appropriate amounts. However, the deposit should be reasonable relative to the rent. Most landlords typically charge between one and two months' rent. You must return the security deposit within 45 days after the tenant moves out, along with an itemized list of any deductions for damages beyond normal wear and tear.
Mississippi landlords must maintain rental properties in compliance with applicable building and housing codes affecting health and safety. This includes maintaining structural elements, plumbing, heating, and electrical systems in good working order. You must make all necessary repairs to keep the premises in a habitable condition and respond to emergency repair requests promptly. Failure to fulfill these obligations may give tenants legal remedies, including the right to withhold rent or terminate the lease.
Mississippi law does not specifically mandate a notice period for landlord entry. However, best practice is to provide at least 24-48 hours' notice before entering a tenant's unit for non-emergency matters. Your lease should clearly outline entry procedures. For emergencies threatening property or safety, immediate entry is generally permitted. Establishing clear entry protocols in your lease helps maintain good landlord-tenant relations and avoids potential privacy violation claims.
In Mississippi, eviction requires following specific legal procedures. First, provide proper written notice (typically 3 days for nonpayment of rent, 30 days for lease violations). If the tenant doesn't comply, file an eviction lawsuit (called an 'unlawful detainer' action) with the appropriate court. After obtaining a judgment, if the tenant still doesn't vacate, you must obtain a writ of possession from the court, which authorizes law enforcement to remove the tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in liability.
While Mississippi doesn't have its own fair housing law, federal Fair Housing Act protections apply, prohibiting discrimination based on race, color, national origin, religion, sex, familial status, and disability. You cannot refuse to rent, set different terms, or falsely deny availability based on these protected characteristics. Screening criteria should focus on legitimate factors like credit history, income verification, rental history, and criminal background checks applied consistently to all applicants.
Mississippi does not have a statewide rental property registration requirement. However, some municipalities may have local registration or licensing requirements for rental properties. Check with your local city or county government to determine if any local ordinances require registration, inspections, or business licenses for rental properties in your specific area. Compliance with local regulations is important to avoid potential fines or penalties.
Mississippi has no state law limiting rent increases or requiring specific notice periods for rent increases. For month-to-month tenancies, landlords typically provide at least 30 days' notice before implementing a rent increase. For fixed-term leases, rent cannot be increased until the lease term ends, unless the lease specifically allows for increases. While you have flexibility in setting rents, dramatic increases could potentially be challenged if they appear retaliatory or discriminatory.
Mississippi law doesn't specifically mandate that landlords provide particular amenities or utilities. The responsibility for utilities (water, electricity, gas, internet) should be clearly outlined in your lease agreement. However, landlords must provide basic habitability elements including functioning plumbing, heating, and electrical systems. If you choose to provide appliances or other amenities, you're generally responsible for maintaining them in working order unless the lease specifies otherwise.
Rental income in Mississippi is subject to federal income tax and must be reported on your federal tax return. Mississippi also imposes state income tax on rental income. You can deduct expenses related to your rental property including mortgage interest, property taxes, insurance, maintenance, repairs, and depreciation. Keep detailed records of all income and expenses. Consider consulting with a tax professional familiar with Mississippi tax laws to maximize legitimate deductions and ensure compliance with all tax obligations.