Mississippi Tenant Rights: Understanding Your Rights as a Tenant

Mississippi tenant rights are designed to protect renters from discrimination, abuse, and eviction without cause. Understanding your rights as a tenant can help you navigate the landlord-tenant relationship and ensure a safe, fair, and comfortable living environment. In this article, we will provide an overview of Mississippi tenant rights and regulations and discuss important topics such as security deposits, rent increases, and repairs and maintenance.

Mississippi Landlord-Tenant Act

The Mississippi Landlord-Tenant Act governs the relationship between landlords and renters in the state. The act outlines the rights and responsibilities of both parties and provides guidelines for resolving disputes. The act also includes provisions for lease agreements, security deposits, and eviction procedures.

Lease Agreements

A lease agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental relationship. A lease typically includes the following information:

– The name and address of the landlord and tenant
– The amount of rent and how it will be paid
– The length of the lease term
– The security deposit amount and conditions for its return
– Maintenance responsibilities of the landlord and tenant
– Termination and renewal clauses

Leases can be either written or oral. While oral leases are legal in Mississippi, they can be difficult to enforce in the event of a dispute. Written leases are recommended as they provide a clear record of the landlord-tenant agreement.

Security Deposits

Landlords in Mississippi are allowed to require a security deposit from tenants when they move in. The security deposit is designed to cover damages to the rented property and any unpaid rent at the end of the lease term. The amount of the security deposit cannot exceed one and a half times the monthly rent amount.

The landlord must provide a written statement of the condition of the rental property before the tenant moves in. This statement, known as a move-in checklist, should include a description of each room and any existing damage or defects. The tenant has the right to inspect the property and make notes on the move-in checklist. The landlord must give the tenant a copy of the checklist and keep a copy for their records.

At the end of the lease term, the landlord must return the security deposit within 45 days if there are no damages or unpaid rent. If there are damages or unpaid rent, the landlord must provide an itemized list of deductions and return the remaining balance of the deposit within 60 days.

Rent Increases

Landlords in Mississippi have the right to increase rent at the end of a lease term. However, they must give the tenant at least 30 days’ notice before the increase takes effect. The landlord cannot increase rent during the lease term unless the lease agreement allows for it.

Repairs and Maintenance

Under Mississippi tenant rights, landlords are responsible for maintaining the rental property in a safe and habitable condition. This includes ensuring that the property meets all local health and safety codes. Landlords are also responsible for making repairs to the rental property, such as fixing broken appliances, repairing leaks, and addressing insect or rodent infestations.

Tenants have the right to request repairs and maintenance from their landlord. If the landlord fails to make necessary repairs, the tenant can submit a written notice requesting repairs. If the landlord still fails to make repairs, the tenant may be able to terminate the lease agreement or take legal action.

Eviction Procedures

Mississippi tenant rights also include protections against wrongful eviction. Landlords cannot evict tenants without cause and must follow a specific eviction process. Before initiating eviction proceedings, the landlord must give the tenant notice of the reason for the eviction and a chance to remedy the situation.

If the tenant fails to comply with the notice, the landlord can file a formal eviction complaint with the court. The tenant will receive a summons to appear in court and has the right to defend against the eviction. If the court rules in favor of the landlord, the tenant must vacate the rental property within a specified timeframe.

Discrimination Protections

Mississippi tenant rights also protect against discrimination based on certain characteristics, such as race, religion, disability, and family status. Landlords cannot refuse to rent to tenants based on these characteristics or impose different rental terms or conditions based on them.

If a tenant feels they have been discriminated against, they can file a complaint with the Mississippi Human Rights Commission or the U.S. Department of Housing and Urban Development (HUD).

Conclusion

Mississippi tenant rights provide important protections for renters in the state. Understanding your rights as a tenant can help you navigate the landlord-tenant relationship and ensure a safe, fair, and comfortable living environment. If you have questions about your rights as a tenant or need help resolving a dispute with your landlord, you can contact legal aid organizations in your area or seek the advice of an attorney.

Disclaimer: The information in this article is intended for general informational purposes only and should not be construed as legal advice. The information is based on Mississippi state laws and regulations as of the date of publication and may not reflect the most recent legal developments. Contact an attorney or legal aid organization for advice on your specific legal situation.

Quick Guide to Mississippi Tenant Rights

Mississippi Tenant Rights

The majority of Mississippi Tenant Rights are located in Chapter 8 of Title 89 of the state’s annotated code.  For more information on the Mississippi tenant rights 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 a Mississippi tenant right in the length of leasing agreements, security deposits, and eviction process.  If there is a dispute concerning a Mississippi tenant right, landlords and tenants are encouraged to settle the dispute before the action goes to trial.  However, if landlord fails to provide proper services for a MS tenant right or the tenant fails to regard any of their duties listed below, a trial may be necessary.

A tenant must perform all the duties listed below to have every Mississippi tenant right respected: 

• 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 as required by the landlord for the MS tenant right

• keep from deliberately or negligently destroying, defacing, damaging, impairing, or removing any part of the premises, and have guests respect the same MS tenant right

• 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 requirement from local housing and safety codes for a MS tenant right

• keep from engaging in any illegal activity on the leased property

Mississippi Tenant Rights for Length of Tenancy 

Under section 89-8-19 of the state’s annotated code, a Mississippi tenant right holds that landlords and tenants must respect the terms below:

• unless the lease establishes a week to week tenancy, all other cases will be month to month under Mississippi tenant rights

• a landlord or the tenant may terminate a week-to-week tenancy with proper notification of at least 7 days

• a landlord or the tenant may terminate a month-to-month tenancy with proper notification of at least 30 days

Mississippi tenant rights state that a tenant does not need to give the landlord proper notification if the landlord has violated the rental agreement and health and safety ordinances.  Additionally, a tenant only needs to give 14 days of notice for a month-to-month lease according to a MS tenant right in certain cases.   If the same violation occurred six months before and the tenant didn’t decide to exercise their Mississippi tenant right, the lease can be terminated with a 14 days notice.

Mississippi Tenant Rights for Security Deposits

The section of law that discusses the Mississippi tenant right for security deposit is Section 89-8-21.  The following procedures are discussed within this section of Mississippi tenant rights:

• 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 as protected by a MS tenant right)

• if the landlord abuses the Mississippi tenant’s rights, the tenant may be able to receive the security deposit in full plus up to $200.00 in damages