Mississippi Residential Lease Agreement
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Mississippi Legal Requirements
Key MS statutes and obligations that apply to your residential lease agreement.
Requirements
- Mississippi has limited statewide landlord-tenant legislation — the primary framework is the Mississippi Residential Landlord and Tenant Act (Miss. Code §89-8-1 et seq.), which applies only in counties with populations of 100,000 or more
- Security deposit: Mississippi has no statutory cap on the amount of the security deposit for residential leases; landlords may set any amount; deposit must be returned within 45 days of termination with itemized deductions (Miss. Code §89-8-21)
- Landlord must maintain premises in habitable condition in counties where the Landlord and Tenant Act applies (Miss. Code §89-8-23)
Restrictions & Limits
- Self-help eviction is prohibited — landlords must use the formal unlawful entry and detainer process through the justice court
- Retaliation against tenants for reporting code violations or exercising legal rights is prohibited under §89-8-17 in applicable counties
- In counties not subject to the Landlord and Tenant Act, common law governs the landlord-tenant relationship, providing fewer tenant protections
Notice Requirements
3 days' written notice to vacate for nonpayment of rent before filing eviction in justice court (Miss. Code §89-7-27). 30 days' notice to terminate a month-to-month tenancy.
Official Statute References
Primary Mississippi statutes governing this document type.
Mississippi Residential Lease Agreement FAQ
Common questions about residential lease agreements under Mississippi law.
Does Mississippi have a statewide landlord-tenant law?
Mississippi's Residential Landlord and Tenant Act (Miss. Code §89-8-1 et seq.) applies only in counties with populations of 100,000 or more. In smaller counties, the common law governs, which generally provides fewer tenant protections. Landlords and tenants in smaller counties should rely more heavily on the written lease agreement to establish rights and obligations.
Is there a security deposit limit in Mississippi?
No. Mississippi has no statutory cap on residential security deposits. However, deposits must be returned within 45 days of the tenancy ending in counties where the Landlord and Tenant Act applies, with an itemized statement of deductions. Landlords who fail to return deposits within the statutory period may owe damages.
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Residential Lease Agreement by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.