A residential lease in Mississippi is governed by the Residential Landlord and Tenant Act at Miss. Code Ann. § 89-8-1 through § 89-8-29, which applies to both written and oral agreements and sets the baseline rules on deposits, repairs, notices, and termination. Mississippi residential lease agreement laws leave a lot of room for the parties to negotiate — rent, late fees, and deposit amounts are not capped by statute — but the Act imposes mandatory procedures that no lease clause can override.
What the Lease Should Spell Out
Mississippi does not require a specific lease form. A usable written agreement should still identify every adult who will live in the unit, the property address and what comes with it (parking, storage, and the like), the monthly rent, the due date, the lease term, who pays utilities, and who handles routine maintenance. Gaps get filled by statutory defaults that may not match what either party expected.
The Act defines “rent” to include late fees required by the rental agreement, so if a late fee is going to apply, the lease needs to say so — the exact dollar amount or percentage, and when it triggers.1Mississippi Attorney General. Residential Landlord and Tenant Act There is no statutory cap on the amount, so the lease language itself controls.
Required Disclosures
For any unit built before 1978, federal law requires the landlord to disclose known lead-based paint hazards before the tenant signs, provide the EPA’s “Protect Your Family From Lead in Your Home” pamphlet, share any available inspection reports, and include a signed lead warning statement with the lease.2U.S. EPA. Lead-Based Paint Disclosure Rule Section 1018 of Title X The underlying statute, 42 U.S.C. § 4852d, carries fines and civil liability for the landlord, property manager, and any real estate agent involved.3Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
The Mississippi Act also requires the landlord to give the tenant the name and address of the person authorized to manage the property and accept legal notices on the landlord’s behalf. Formal notices sent to the wrong person may not count, so get this in writing before move-in.
Security Deposits
Mississippi does not cap the amount a landlord can charge as a security deposit. What the Act does regulate is the return. After the tenancy ends and the tenant surrenders the unit, the landlord has 45 days to return any portion not being withheld. If the landlord keeps any part of it, the tenant must receive an itemized written notice explaining what was deducted and why. Valid deductions include unpaid rent, damage beyond normal wear and tear, and cleaning costs; ordinary wear like faded carpet or minor scuff marks is not a valid deduction.4Justia. Mississippi Code 89-8-21 – Tenants Security Deposit
Who Is Responsible for What
Landlord Duties
The landlord must keep the unit in compliance with building and housing codes affecting health and safety, and must maintain the plumbing, heating, and cooling systems in substantially the same condition they were in when the lease started, except for damage caused by the tenant’s negligence.5Justia. Mississippi Code 89-8-23 – Duties of Landlord The statute names plumbing, heating, and cooling specifically; it does not separately list electrical systems, though code compliance covers most electrical hazards.
Mississippi courts also recognize an implied warranty of habitability, which requires landlords to provide a reasonably safe premises at the start of the lease and to repair dangerous conditions during the term once the tenant gives notice. This duty exists independently of the lease and cannot be disclaimed by contract language.6Justia. Mississippi Code 89-8-5 – Waiver of Rights Prohibited Repairs for defects the tenant caused are not the landlord’s responsibility.5Justia. Mississippi Code 89-8-23 – Duties of Landlord
Tenant Duties
Tenants must keep their portion of the premises clean and safe, dispose of trash properly, and use appliances and fixtures reasonably. They cannot damage or remove any part of the property and are responsible for preventing guests from doing so.7Justia. Mississippi Code 89-8-25 – Duties of Tenant Violating these duties gives the landlord a statutory basis to begin the termination process.
Notice Periods When Something Goes Wrong
General Noncompliance: 14 Days
When either side materially violates the lease or fails to meet statutory obligations, the other party may send a written notice identifying the specific problem and stating that the lease will terminate no sooner than 14 days later if the issue isn’t fixed. A fixable breach that gets fixed within that window keeps the lease intact. If substantially the same violation happens again within six months, the non-breaching party can terminate with 14 days’ notice and no second chance to cure.8Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
Notice may be delivered in writing, by email, or by text message, but email and text are only valid if the receiving party previously agreed in writing to accept notices that way. A paper notice delivered by hand or certified mail is the safer route.
Nonpayment of Rent: 3 Days
Unpaid rent gets a shorter fuse. The landlord can deliver a written notice stating the lease will terminate if rent is not paid within three days.8Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance Pay within those three days and the tenancy continues; miss the window and the landlord can file for eviction.
Neither party can terminate over a condition they caused themselves.8Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
Ending the Lease
How a Mississippi lease ends depends on its type.
- Fixed-term lease: expires automatically on the date stated. Neither party needs to give notice unless the lease requires it. A tenant who stays past the end date without renewing typically converts to a periodic tenancy based on the rent-payment interval.
- Month-to-month tenancy: at least 30 days’ written notice before the termination date, from either side.9Justia. Mississippi Code 89-8-19 – Length of Term of Tenancy, Notice to Terminate Tenancy, Exception to Notice Requirement
- Week-to-week tenancy: at least seven days’ written notice, from either side.9Justia. Mississippi Code 89-8-19 – Length of Term of Tenancy, Notice to Terminate Tenancy, Exception to Notice Requirement
When a lease ends through termination for noncompliance, the landlord must return all prepaid rent and any recoverable portion of the security deposit under the standard 45-day timeline.8Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
Eviction After Notice Fails
If the proper notice-and-cure steps have been followed and the tenant has neither fixed the violation nor surrendered possession, the landlord files in justice court. The court issues a summons commanding the tenant to vacate or appear at a hearing to explain why possession should not be returned to the landlord.10Mississippi Courts. Residential Eviction Summons
If the court rules for the landlord, the tenant has at least seven days from the judgment to move out, unless the judge orders a different period for emergency reasons. In nonpayment cases, the tenant can stop the eviction by paying all rent and late fees owed before the hearing or by the court-ordered move-out date.10Mississippi Courts. Residential Eviction Summons
If the tenant does not leave by the deadline, law enforcement can physically remove them. The tenant then has 72 hours to collect personal belongings; after that, the landlord may move any remaining property to the curb, a waste area, or another location the parties agree on.10Mississippi Courts. Residential Eviction Summons Self-help methods like changing locks, cutting utilities, or removing doors are not a substitute for this process and expose the landlord to liability.
Landlord Entry
Mississippi has no statute setting out when or how a landlord may enter an occupied rental unit. The tenant’s protection comes from the common-law right of quiet enjoyment, which bars the landlord from interfering with the tenant’s exclusive possession. Because the statute is silent, entry should be addressed in the lease itself — a clause requiring at least 24 hours’ written notice before non-emergency entry, with a list of permissible reasons such as repairs, inspections, or showings. Immediate entry without notice is generally justified in genuine emergencies like a burst pipe or fire.
Lease Terms That Won’t Hold Up
The Act’s anti-waiver rule is strong. No lease provision — written or oral — can require either party to give up any right, duty, or remedy created by the Act.6Justia. Mississippi Code 89-8-5 – Waiver of Rights Prohibited A clause saying the tenant waives habitability, or that the landlord is not liable for willful misconduct, is void even if the tenant signed it.
Two specific contract terms are prohibited outright: confession-of-judgment clauses, where a tenant pre-authorizes a court judgment against themselves, and clauses that excuse or limit a landlord’s liability for willful misconduct.6Justia. Mississippi Code 89-8-5 – Waiver of Rights Prohibited
The Act also includes an anti-retaliation provision. After a rental agreement expires, a landlord may recover possession, raise rent, or reduce services, but not if the dominant purpose is to punish a tenant for exercising rights under the Act, such as reporting a code violation or requesting a repair.
Federal Protections That Apply
Every Mississippi lease is subject to the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. A landlord cannot refuse to rent, impose different lease terms, or provide inferior conditions because a prospective tenant falls into one of these protected groups. Mississippi does not add state-level protected classes beyond the federal list.
Active-duty military members have the right to terminate a residential lease early under the Servicemembers Civil Relief Act when they receive permanent change of station orders or deployment orders lasting more than 90 days. The service member must give the landlord written notice and a copy of the orders at least 30 days before the planned termination. The lease ends 30 days after the next monthly rent payment is due, and the landlord cannot charge an early-termination penalty. Service members should avoid signing any separate SCRA waiver documents, which some landlords include to sidestep these protections.