Mississippi Tenant Landlord Law

Security Deposits

• Maximum amount landlord can charge: No law
• Returning the security deposit: The security deposit must be returned 45 days after the termination of the tenancy. (Civ. Code § 89-8-21(3))
• Bank account requirements: No separate bank account is required for the security deposit.
• Permitted use of security deposit: Unpaid rent, repair of damages caused by tenant, cleaning of property upon move out of tenant. (Civ. Code § 89-8-21)

Rent and Late Fees

• Rent Fee: Rent is due as agreed upon between the tenant and the landlord in a written agreement.
• Prorated Rent: No law.
• Late Fees: No law implying late fees, it must be stated in the lease.
• Late Fees Maximum: No law.

Notices and Entry

• Notice before entry: No law specifying notice before entry. Must be specified in lease.
• Notice before entry for maintenance and repairs: No law. Must be specified in lease.
• Notice before entry for showings: No law. Landlord right to showcase property must be specified in the lease.
• Emergency entrance allowed without notice: No law.
• Entry allowed during extended absence of tenant: No law. Must be specified in lease.
• Yearly lease termination: A 2 month written notice is required by the landlord to terminate a lease agreement. (Civ. Code § 89-7-23)
• Month to month lease termination: A 30 day written notice is required by the landlord to terminate a lease agreement. (Civ. Code § 89-7-23)
• Week to week lease termination: A 1 week written notice is required by the landlord to terminate the lease agreement. (Civ. Code § 89-8-19(2))

Repair Laws

• Tenant may repair and deduct rent: If the landlord does not repair a defect after 30 days of a written notice, the tenant may do the repair himself and then be entitled to reimbursement. (Civ. Code § 89-8-15 (1a))

Disclosures

• Tenant’s duties (Civ. Code § 89-8-25.)

  • Keep the part of the premise he uses safe and clean
  • Dispose of trash and other waste in a safe and clean manner in compliance with community standards.
  • Use in a reasonable manner all facilities and appliances.
  • Not deliberately or negligently destroy or damage any part of the premise.
  • Inform landlord of any condition which may cause damage to the premise.
  • Not engage in any illegal activity.

• Landlord duties (Civ. Code § 89-8-23)

  • Comply with housing codes and materially affecting health and safety, as well as maintain the property.
  • Landlord may not evict the tenant for exercising their rights under rental law, or for giving notice of conditions that require repair by the landlord. (§ 89-8-17)

• Lead disclosures: Landlord must disclose any lead paint hazards, as well as provide a information pamphlet within the lease on lead based paint hazards.

Eviction Laws

• When it is failure to pay rent, the tenant has 3 days to pay you otherwise the eviction notice can be filed with the courts.

• When there is another lease violation (e.g. subletting), the tenant has 30 days to resolve the violation from the point that the eviction notice is served. Otherwise the eviction notice will be filed with the courts.

• Termination of week-to-week leases for non-payment: 3 days written notice is given.(Civ. Code § 89-7-27)

• Repeated violation: If violation repeats itself within the first 6 months, then a 14 day notice is given to terminate the lease. (Civ. Code § 89-8-13)

• Immediate termination for serious lease violation: No notice is required if the landlord or tenant has committed a serious violation of the rental agreement that materially affects health and safety. (Civ. Code § 89-8-19)

For more information on Mississippi Landlord Tenant laws please visit their website here.

As the situation with COVID-19 continues to evolve, the moratorium on foreclosures and evictions will continue to impact millions of rental properties across the country. For the most up to date information on this legislation, as well as to see if your city or county has additional directives in place, please contact your local representative.