Home Real Estate Mississippi Landlord Tenant Law

Mississippi Landlord Tenant Law

Mississippi Landlord Tenant Law

Mississippi Landlord Tenant Law: Understanding Your Rights and Obligations

Renting a property comes with its own set of challenges and responsibilities. As a tenant, you expect a comfortable, safe, and healthy living environment. As a landlord, you expect your tenant to pay rent on time, keep the property clean and maintained, and abide by your rules and regulations.

To ensure that both parties are protected and treated fairly, the Mississippi Landlord Tenant Law sets out specific regulations and guidelines. In this article, we will explore the most important aspects of this legal framework, including tenant rights and landlord obligations.

Overview of Mississippi Landlord Tenant Law

The Mississippi Landlord Tenant Law, also referred to as the Mississippi Uniform Residential Landlord and Tenant Act, outlines the rights and responsibilities of landlords and tenants in residential rental properties. The law covers various aspects of renting, such as lease agreements, security deposits, rent increases, maintenance and repairs, eviction, and more.

The law applies to all rental properties in Mississippi, with a few exemptions, such as mobile homes, hotels, motels, and Airbnb rentals. It is important to note that some cities may have their own landlord-tenant laws, which may differ from state law.

The law is designed to protect both landlords and tenants from unfair or illegal practices. It establishes a set of standards for the interactions between landlords and tenants and provides recourse for violations of the law.

Lease Agreements

The lease agreement is a crucial document in any rental arrangement. It outlines the terms and conditions of the lease, including the rent amount, payment due date, deposit amount, length of the lease, maintenance responsibilities, and rules and regulations.

Under Mississippi law, a lease agreement can be oral or written. However, it is always advisable to have a written lease agreement that is signed by both parties. This document serves as proof of the agreement and protects both the landlord and tenant in case of a dispute.

The lease agreement cannot include any clauses that violate the Mississippi landlord-tenant law or any other state or federal law. For example, a landlord cannot include a clause that waives the right to a security deposit refund, or that allows the landlord to enter the property at any time without notice.

Security Deposits

A security deposit is an amount of money paid by the tenant at the beginning of the lease to protect the landlord against damages or unpaid rent. Mississippi law limits the security deposit to the equivalent of one month’s rent.

The landlord must provide the tenant with a written receipt for the security deposit, including the amount of the deposit and the terms and conditions regarding the refund. The landlord must also place the deposit in an escrow account in a Mississippi bank or financial institution.

Within 45 days after the end of the lease, the landlord must return the security deposit to the tenant, minus any deductions for unpaid rent or damages beyond ordinary wear and tear. The landlord must provide an itemized list of the deductions and the amount withheld for each.

Rent Increases

Mississippi law does not restrict the amount a landlord can increase the rent. However, the landlord must give the tenant proper notice of the increase. The notice must be in writing and given to the tenant at least 30 days before the rent increase takes effect. The notice must also include the new rent amount and the date the increase will take effect.

If the tenant does not agree to the rent increase, they may choose to terminate the lease at the end of the current lease term.

Maintenance and Repairs

The landlord is responsible for maintaining the rental property in a safe and habitable condition. This includes repairing any damages caused by ordinary wear and tear, keeping the property clean and free from pests, providing adequate heating and cooling, and ensuring that all utilities are in working order.

The tenant must also maintain the rental property in a clean and safe condition. This includes disposing of garbage properly, keeping the property clean, and notifying the landlord of any damages or necessary repairs.

If the landlord fails to make necessary repairs within a reasonable amount of time, the tenant may give the landlord written notice of the problem and ask for repairs to be made. If the repairs are not made within 30 days after receiving the written notice, the tenant may terminate the lease and may also be entitled to damages.

Landlord Access

The landlord may enter the rental property with the tenant’s consent or for specific reasons outlined in the lease agreement or state law. For example, the landlord may enter the property to make repairs, show the property to prospective tenants or buyers, or in case of an emergency.

The landlord must give the tenant reasonable notice before entering the property, except in cases of emergency. The notice must be in writing and specify the date and time of the entry.


Eviction is a legal process by which a landlord terminates a lease and removes the tenant from the rental property. Eviction is usually the result of a violation of the lease agreement, such as non-payment of rent or other breaches of the agreement.

Under Mississippi law, a landlord may start the eviction process by giving the tenant a written notice to vacate the property. The notice must specify the reason for the eviction and the date by which the tenant must vacate the property.

If the tenant does not comply with the eviction notice, the landlord may file a lawsuit to evict the tenant. The landlord must provide proof of the reason for the eviction and comply with all legal requirements for the eviction process.


The Mississippi Landlord Tenant Law is a comprehensive legal framework that provides protections and guidelines for both landlords and tenants. By understanding your rights and obligations under the law, you can avoid disputes and ensure a fair and comfortable rental experience.

If you have any questions or concerns about the Mississippi Landlord Tenant Law, you should consult with an experienced attorney or contact the Mississippi Attorney General’s Consumer Protection Division for assistance.

The Mississippi Landlord Tenant Act

Mississippi Landlord/Tenant Laws

The majority of Mississippi landlord/tenant law is located in Chapter 8 of Title 89 of the state’s annotated code.  For more information on the MS landlord/tenant law provided within this article, visit the official website of the state’s judiciary located at the following link and move onto LexisNexis® for the individual code.

The majority of information in this article will cover the obligations of the landlords and tenants within Mississippi landlord/tenant law, as well as commonly disputed cases involving evictions, security deposits, and more.

Maintenance Requirements under Mississippi Landlord/Tenant Laws

Mississippi landlord/tenant law provides multiple duties for both the landlord and tenant as far as maintenance.  These duties are listed below:

Section 89-8-23

This section of Mississippi landlord/tenant laws states that a landlord is responsible for the following during the whole tenancy:

• comply with all local building and housing codes affecting health and safety under MS landlord/tenant law

• maintain the unit’s plumbing, heating and/or air conditioning, and most other repairs except for reasonable wear and tear

The landlord is not responsible for any significant damages directly caused by the tenant’s neglect or incapacity to act according to MS landlord/tenant law.

Section 89-8-25

Mississippi landlord/tenant law requires numerous responsibilities from the tenant, and most of these duties are listed below:

• keep the part of the premises that they occupy clean and safe as the condition of the premises permits

• dispose of all ashes, rubbish, garbage, and other waste in a safe and clean manner

• keep all plumbing fixtures clean

• use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other utilities and appliances correctly and safely

• keep from deliberately or negligently destroying, defacing, damaging, impairing, or removing any part of the premises

• conduct themselves in a reasonable manner to provide their neighbors with peaceful enjoyment

• inform the landlord immediately of any conditions that could damage the apartment

• comply with all requirements from local housing and safety codes under MS landlord/tenant law

• keep from engaging in any illegal activity on the leased property defined by MS landlord/tenant law

Mississippi Landlord/Tenant Laws on Security Deposits

The section of Mississippi landlord/tenant law that discusses the tenant’s security deposit is Section 89-8-21.  The following procedures are discussed within this section of Mississippi landlord/tenant laws:

• any deposit from the tenant to the landlord will be held by the landlord

• the security deposit can be used for defaults in rent, damages at the end of a tenancy (except wear and tear)

• if the landlord abuses the privileges of this section of Mississippi landlord/tenant law, the tenant may be able to receive the security deposit in full plus up to $200.00 in damages

Mississippi Landlord/Tenant Laws on Evictions

Section 89-8-13 of the Mississippi annotated code states that a landlord or tenant can terminate tenancy for a breach of the lease by sending the other party notification no less than 30 days before the termination.  Additionally, if a duty is breached and the other party doesn’t terminate the lease but the same breach occurs within 6 months, notification for the breach must be sent only 14 days before the termination according to MS landlord/tenant law.