Mississippi Tenant-Landlord Rental Laws & Rights for 2024
Overview of Landlord-Tenant Laws in Mississippi
Mississippi has a comprehensive set of landlord-tenant laws outlined in the Landlord-Tenant Act that governs rental housing across the state. This act establishes the rights and responsibilities for both landlords and tenants to ensure fair practices and maintain habitable living conditions.
The key principles of Mississippi's landlord-tenant laws require landlords to provide safe, decent and sanitary housing that meets all building and housing codes. Tenants have the right to expect working utilities, reasonable repairs, and privacy from unannounced landlord entry. Landlords cannot discriminate against tenants or retaliate if they request repairs or exercise their rights.
Tenants are expected to pay rent on time, keep the property clean and undamaged beyond normal wear and tear, and follow all terms of the lease agreement. Both parties have legal recourse if the other fails to uphold their responsibilities under the law.
The Landlord-Tenant Act covers important aspects like security deposits, termination notices, evictions, rental agreements, landlord access, and more. Understanding these laws helps ensure cooperative rental relationships and protects all parties involved.
Types of Tenancies in Mississippi
There are three main types of tenancies in Mississippi - fixed-term leases, month-to-month tenancies, and public/subsidized housing.
Fixed-Term Leases
A fixed-term lease is a rental agreement that specifies the start and end dates of the tenancy. These leases are typically for 6 months or 1 year. Neither the landlord nor the tenant can terminate the agreement before the end date unless there are provisions allowing early termination. At the end of the fixed term, the landlord can choose not to renew the lease.
Month-to-Month Tenancies
A month-to-month tenancy does not have a set end date. It continues indefinitely until either the landlord or tenant provides proper written notice to terminate, typically 30 days. These tenancies renew automatically each month unless properly terminated.
Public/Subsidized Housing
Public housing and subsidized housing programs like Section 8 provide affordable rental options but come with additional regulations. Tenants must meet income limits and other eligibility criteria. They receive extra protections against discrimination and arbitrary evictions. However, they can still be evicted for violations like drug use or criminal activity.
The key differences lie in the required notice periods and procedures for termination. Fixed-term leases automatically end on the specified date unless renewed. Month-to-month tenancies require advance notice to terminate as specified by state law, typically 30 days. Public housing tenants have additional protections but can be evicted for violating program rules.
Landlord Responsibilities for Repairs and Maintenance
In Mississippi, landlords have a legal responsibility to provide habitable premises and maintain rental units in a safe and livable condition. This duty is known as the "implied warranty of habitability." Rental properties must meet basic standards of safety, sanitation, and comply with applicable housing codes.
Landlords must make any repairs necessary to keep the premises in a fit and habitable condition. This includes maintaining operational systems for electrical, plumbing, sanitation, heating, ventilating, and air conditioning. Landlords must also take care of any issues that materially affect the health and safety of tenants, such as pest infestations, lead paint hazards, or other dangerous conditions.
If a tenant provides written notice of a repair need, the landlord has a reasonable period of time to address it, typically around 30 days. However, emergency situations that present an imminent threat to health or safety must be handled immediately.
If a landlord fails to make necessary repairs within a reasonable timeframe after written notice, tenants have some potential remedies:
- Rent Withholding - Tenants can withhold a portion of rent equal to the reduced rental value until repairs are made.
- Repair and Deduct - With proper notice, tenants can hire someone to make the repair and deduct the cost from the next month's rent payment.
- Break the Rental Agreement - Tenants may be able to legally terminate the lease agreement if the landlord fails to provide habitable premises.
- Sue for Damages - Tenants can take landlords to small claims court to recover monetary damages for violations of the implied warranty of habitability.
Tenants do need to continue paying rent during repair issues and provide landlords proper notice and opportunity to cure violations. Improper rent withholding could potentially lead to eviction. Overall, Mississippi law aims to ensure rental housing meets basic standards of habitability and safety.
Eviction Laws and Processes in Mississippi
To evict a tenant in Mississippi, there are specific grounds and legal procedures a landlord must follow. The most common reasons for eviction are:
Nonpayment of Rent
If a tenant fails to pay rent on time, the landlord must provide a 5-day written notice to quit. If rent is not paid within that period, the landlord can file for eviction.
Violation of Lease Terms
For any other lease violation besides nonpayment, such as having unauthorized occupants or pets, the landlord must give a 30-day written notice to cure or vacate. If the tenant does not comply within 30 days, the landlord can proceed with eviction.
No Lease/End of Lease Term
For tenants without a lease or with a lease that has expired, the landlord must provide 30 days' written notice to vacate. No specific reason is required.
To officially begin the eviction process, the landlord must file a complaint with the local county court and properly serve the tenant with a summons. The tenant then has a short period to respond and request a hearing.
At the hearing, the tenant can present defenses against eviction such as:
- The landlord failed to maintain a habitable living environment
- The eviction is discriminatory or retaliatory
- The tenant paid rent the landlord claims is unpaid
- The landlord is evicting the tenant in bad faith
If the court rules in favor of the landlord, it will issue a final order giving the tenant a set period (often just a few days) to move out before the sheriff can return to forcibly remove the tenant.
Both landlords and tenants must strictly follow eviction laws and procedures. It is illegal for a landlord to try to remove a tenant through lockouts, utility shut-offs, or other measures without a court order.
Termination of Rental Agreements
In Mississippi, the rules around terminating a rental agreement depend on the type of tenancy. For fixed-term leases with a set end date, no notice is required by either party - the lease simply expires on that date. However, if the tenant intends to move out at the end of the fixed term, it's considerate to provide notice to the landlord, typically 30 days.
For month-to-month or week-to-week tenancies, Mississippi requires landlords to give at least 30 days' written notice to terminate the agreement and require the tenant to move out. Tenants must also provide at least 30 days' notice if they want to end a month-to-month rental agreement.
Regardless of the tenancy type, it's important that landlords follow proper procedures for termination. They cannot legally lockout, shut off utilities, remove a tenant's belongings, or take other retaliatory actions to force them out without first going through court-ordered eviction processes. Self-help evictions are illegal in Mississippi.
Tenants remain responsible for paying rent for the full rental term, up until the date specified in the termination notice. Landlords cannot charge additional penalties or fees beyond the agreed-upon rent amount during this period.
If a landlord attempts to terminate a rental agreement in violation of the laws, such as not providing proper notice or discriminating against the tenant, the tenant may have grounds to take legal action and potentially receive compensation.
Security Deposit Laws and Requirements
According to Mississippi security deposit laws, there are specific laws governing how much a landlord can charge for a security deposit, as well as requirements for returning the deposit after a tenant moves out.
The maximum security deposit a landlord can charge is the equivalent of one month's rent. So if the monthly rent is $800, the largest security deposit allowed would be $800. The landlord cannot require a larger deposit as a condition of renting the property.
When a tenant moves out, the landlord has 45 days to either return the full security deposit or provide an itemized list of any deductions along with the remaining portion of the deposit. Permitted deductions include costs for cleaning, repair of damages beyond normal wear and tear, unpaid rent, and replacing missing items like keys or garage remotes.
If the landlord fails to provide an itemized list within 45 days, the tenant can submit a written notice demanding return of the full deposit. The landlord then has 30 more days to comply before the tenant can sue to recover the deposit amount plus reasonable attorney's fees and court costs.
Tenants have legal recourse if a landlord attempts to withhold portions of the deposit improperly or makes deductions not reasonably related to damages caused by the tenant. In these cases, the tenant can take the landlord to court to recover the wrongfully withheld amount of the security deposit.
Access to Rental Property by Landlord
Landlords in Mississippi must provide reasonable notice to tenants before entering a rental unit, except in case of emergency. The law does not specify an exact notice period, but generally 24-48 hours is considered reasonable notice. Landlords cannot abuse their right of access or use it to harass or intimidate tenants.
Tenants have a reasonable expectation of privacy in their rental home. A landlord's entry without proper notice or for unnecessary reasons violates a tenant's privacy rights. Repeated unannounced entries or entries at unreasonable times can be considered harassment by the landlord.
There are some legitimate reasons a landlord may need to enter, such as:
- Repairs or maintenance
- Showing the unit to prospective tenants near the end of a lease
- Emergency situations like fire or water leaks
However, the landlord's right of entry is not unlimited. They cannot enter at any time without permission, and must make a reasonable effort to arrange a time convenient for the tenant whenever possible. Landlords who abuse this limited right of access may be liable for damages to the tenant.
Tenants who feel their privacy has been violated or they are being harassed by a landlord's entries should first send the landlord a written letter outlining their concerns. If the problem persists, the tenant may need to pursue further legal action by filing a complaint or lawsuit against the landlord.
Fair Housing and Anti-Discrimination Laws
Mississippi's fair housing laws prohibit discrimination in housing based on certain protected characteristics. Both landlords and tenants need to understand these laws to prevent illegal discrimination.
The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. In addition, Mississippi law prohibits housing discrimination based on age and gender identity.
Landlords cannot refuse to rent, provide different terms or conditions, make housing unavailable, or otherwise discriminate against a tenant or applicant because of their protected class status. "No kids" rental policies, refusing to allow service animals, or charging higher rent to a tenant because of their race would all violate fair housing laws.
Discrimination can be intentional or arise from policies that have an unjustified discriminatory effect, even if not intentional. Landlords must make reasonable accommodations for tenants with disabilities and allow reasonable modifications to the property.
Tenants who experience housing discrimination can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Mississippi Fair Housing Center. Victims may be entitled to compensation, penalties against the landlord, and other remedies. Both tenants and landlords should educate themselves on fair housing rights and responsibilities.
Rent Control Laws in Mississippi
Mississippi does not have any statewide rent control or rent stabilization laws that limit how much landlords can increase rent. Landlords are generally free to raise the rent as they see fit, as long as they provide proper notice to tenants.
For month-to-month rental agreements, landlords in Mississippi must give at least 30 days' written notice before increasing the rent. For fixed-term leases, the rent cannot be raised until the lease term ends and a new lease is signed.
There are no restrictions on the amount a landlord can increase rent in Mississippi. They can raise it by any dollar amount or percentage, as long as proper notice is given as required. However, any rent increase must be applied equally and not discriminate against tenants based on protected characteristics.
Mississippi law does not provide for any rent freezes or temporary prohibitions on rent increases during emergencies or other situations. The decision to increase rent is solely at the landlord's discretion within the notice requirements. Tenants who find a rent increase unacceptable generally must negotiate with the landlord or move out.
Landlord Retaliation Against Tenants
In Mississippi, it is illegal for a landlord to retaliate against a tenant for exercising their legal rights. Prohibited retaliatory actions include increasing rent, decreasing services, terminating a tenancy, or refusing to renew a lease. Common situations where retaliation is prohibited include when a tenant:
- Complains to the landlord about needed repairs or code violations
- Exercises rights under the Fair Housing Act or other anti-discrimination laws
- Joins or organizes a tenant's union
If a landlord does retaliate, the tenant can potentially recover damages such as a civil penalty of one month's rent plus $200, court costs, and reasonable attorney's fees. To prove retaliation, the tenant must show that the landlord's action was motivated by the tenant exercising a legal right.
Landlords are prohibited from retaliating for at least 6 months after the tenant's action that prompted the retaliation. Tenants who believe they were retaliated against unlawfully should file a complaint with the appropriate state or local agency, or consider filing a civil lawsuit against the landlord.
Resolving Landlord-Tenant Disputes
When disputes arise between landlords and tenants in Mississippi, there are several options available for resolving the conflict. The first step should always be to try to negotiate a resolution directly with the other party. Open and respectful communication can often prevent small issues from escalating into larger problems.
If negotiation is unsuccessful, mediation can be an affordable way to bring in an impartial third party to help facilitate a compromise. Many community mediation centers offer landlord-tenant mediation services for a low fee. Mediation allows both sides to air their grievances and work towards a mutually agreeable solution, avoiding the stress and expense of going to court.
For disputes involving money owed under $3,500, such as withheld security deposits or unpaid rent, Mississippi allows these cases to be heard in small claims court. The process is simplified without the requirement of hiring an attorney. However, extensive documentation like dated photographs, written communications, and a paper trail will be essential for making your case.
In situations where negotiation and mediation have failed, or the dispute involves complicated legal issues, retaining a landlord-tenant attorney may be advisable. An experienced lawyer can evaluate your case, explain your rights and options, represent you in court if needed, and negotiate on your behalf. While hiring an attorney is more costly, it provides expert guidance to strengthen your position.
No matter which path you choose, thorough documentation and records of all correspondence, notices, inspections, payments, and other relevant materials are crucial. Maintaining clear evidence from the start can substantiate your side of the dispute and increase the chances of a favorable resolution through mediation, court, or settlement.
Abandoned Property and Belongings
When a tenant vacates a rental property in Mississippi, they have a responsibility to remove all of their personal belongings. However, situations can arise where items are left behind, either intentionally or unintentionally. Mississippi law provides specific guidelines for how landlords must handle and dispose of abandoned property.
Once it is clear the tenant has vacated and there is remaining personal property, the landlord must provide written notice to the tenant, sent to their last known address. This notice gives the tenant 15 days to contact the landlord and retrieve their belongings. The landlord cannot simply dispose of or keep the property without following proper procedures.
If the tenant responds within 15 days, the landlord must allow them to enter and remove their possessions, during reasonable hours. However, the landlord has the right to require payment of any outstanding rent or other amounts owed before releasing the property.
If there is no response from the tenant after 15 days, the landlord can sell or dispose of the abandoned property through an appropriate process. For items of value over $300, the landlord must publish notice of the intent to sell in a local newspaper and conduct a public sale. Any proceeds from the sale go towards covering money owed by the former tenant.
For property worth less than $300, the landlord can dispose of it in any manner they choose, without a public sale requirement. The landlord can also retain possession of any property until all outstanding money owed is paid in full.
Failure of the landlord to follow proper notification and disposal procedures can lead to liability for losses incurred by the tenant. It's important for both parties to understand their rights and responsibilities when it comes to abandoned belongings after lease termination.
Squatters' Rights in Mississippi
Squatters' rights in Mississippi, also known as adverse possession, allow individuals to claim ownership of a property under certain conditions. In Mississippi, adverse possession is governed by state laws that set specific criteria for squatters to legally acquire property.
Legal Requirements
To claim adverse possession in Mississippi, the squatter must meet the following conditions:
- Continuous Possession: The squatter must occupy the property continuously for at least 10 years. Any interruption in this period can reset the clock.
- Open and Notorious: The occupation must be obvious to others. The squatter cannot hide their presence on the property; it must be clear to the public and the property owner that someone is living there.
- Exclusive Possession: The squatter must be the only one in possession of the property. Shared use of the property with others, including the owner, disqualifies the squatter from claiming adverse possession.
- Hostile Claim: The occupation must be without the permission of the owner. If the owner has granted permission, the squatter cannot claim adverse possession.
- Actual Possession: The squatter must physically use the property, maintaining and making improvements as if they were the owner.
- Color of Title: While not always necessary, having a document that appears to give the squatter title to the property (even if legally insufficient) can strengthen the adverse possession claim.
Process of Claiming Adverse Possession
- Occupy the Property: The squatter must take actual possession of the property and meet all the legal requirements continuously for the statutory period of 10 years.
- File a Lawsuit: After meeting the requirements, the squatter can file a lawsuit to quiet title, which is a legal action to resolve any disputes over the property and establish their ownership formally.
- Provide Evidence: In court, the squatter must provide evidence of their continuous, open, notorious, exclusive, and hostile possession of the property for at least 10 years.
- Court Decision: If the court is satisfied with the evidence, it can grant the squatter legal ownership of the property.
Protecting Property from Squatters
Property owners can protect their property from squatters by:
- Regularly inspecting their property, especially if it is vacant or unused.
- Taking immediate action to remove any unauthorized occupants.
- Posting "No Trespassing" signs and securing the property with locks and fences.
- Responding promptly to any signs of squatting to avoid meeting the 10-year continuous possession requirement.
For more detailed information and legal advice, property owners and individuals interested in adverse possession should consult with a real estate attorney or refer to the Mississippi state statutes on adverse possession.
Resources for Landlords and Tenants
Mississippi has several resources available for both landlords and tenants to learn about their rights and responsibilities under state law.
The Mississippi Attorney General's Office provides helpful information and FAQs regarding landlord-tenant laws on their website. They offer guides covering topics like evictions, security deposits, lease termination, and more.
Mississippi Legal Services provides free civil legal aid to low-income residents. They have attorneys who can advise tenants on housing issues like wrongful evictions, uninhabitable conditions, and discrimination.
Many cities and counties in Mississippi have fair housing organizations that investigate discrimination complaints and enforce fair housing laws. These include the Central Mississippi Fair Housing Center and the Mississippi Center for Justice.
The Mississippi Secretary of State's website has online resources covering landlord-tenant laws and regulations. They provide forms for items like lease agreements and eviction notices.
Local law school clinics, like the ones at University of Mississippi and Mississippi College, sometimes offer free or low-cost legal assistance to community members with housing issues.
Frequently Asked Questions
What can a landlord not do in Mississippi?
Landlords in Mississippi cannot discriminate based on race, color, religion, sex, national origin, familial status, or disability, and cannot retaliate against tenants for exercising legal rights.
What is the most a landlord can raise rent in Mississippi?
There are no state laws in Mississippi limiting how much a landlord can raise rent, but proper notice must be given according to the lease terms.
Can a tenant withhold rent in Mississippi?
Tenants in Mississippi cannot withhold rent but can request repairs and, if necessary, make the repairs themselves and deduct the cost from the rent with proper documentation and notice.
How long does a landlord have to give you to move out in Mississippi?
For month-to-month tenancies, landlords must provide at least 30 days' notice before asking a tenant to move out.
Can a landlord evict you without a court order in Mississippi?
No, landlords in Mississippi must obtain a court order to legally evict a tenant.
Can a landlord lock you out in Mississippi?
No, landlords cannot lock out tenants without going through the formal eviction process and obtaining a court order.
