Key Takeaways
- The Residential Landlord and Tenant Act, under Title 89 of the Mississippi Code 1972, governs the laws surrounding leases.
- Security deposits can be any amount, but a lessor must return it within 45 days of the lease’s termination.
- Most evictions have a 14-day notice period unless it’s a repeat violation.
- There are no laws surrounding the lessor’s right of entry, so it’s up to them how to word it in the lease.
- This lease only requires one (1) federal disclosure.
Mississippi Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use Residential Rental AgreementThis agreement serves as a formal contract between landlords and tenants renting residential properties in Mississippi.
Mississippi Apartment Lease
Specifically crafted for apartment rentals in Mississippi, this lease agreement delineates the terms and conditions governing the leasing of an apartment unit.
Mississippi Room Rental
Employ this template when renting out a single room within a residential property in Mississippi, defining the terms and responsibilities agreed upon between the landlord and the tenant occupying the room.
Mississippi Month-to-Month Lease
Offering flexibility without the long-term commitment, this lease agreement allows for short-term rental arrangements in Mississippi while upholding professionalism and legal validity.
Commercial Lease Agreement
Designed for leasing commercial properties in Mississippi, this agreement provides a comprehensive framework for landlords and tenants to formalize their business relationship, addressing key aspects such as rent, property use, and maintenance responsibilities.
Lease to Purchase Agreement
This agreement outlines the terms and conditions for a lease-to-own arrangement, offering tenants in Mississippi the opportunity to potentially purchase the property in the future.
Sublease Agreement
Facilitating subleasing arrangements, this agreement ensures clarity and professionalism between the original tenant and the subtenant, protecting the interests of all parties involved and adhering to Mississippi state laws and regulations.
Understanding Mississippi Rental Laws
The Residential Landlord and Tenant Act, which falls under the Mississippi Code 1972, Title 89: Real and Personal Property, Chapter 8 details the extensive laws surrounding leases. We consider the various sections in these laws that touch on key aspects.
| Laws | Name | Description |
| Section 89-8-7 | Definitions; Agent of Landlord | This section explains the definition of the various terms and who an agent of the landlord is. |
| Section 89-8-11 | Rules and regulations of landlord concerning tenant’s use and occupancy of premises | Mentions the rules of leasing a property and how the occupancy will work. |
| Section 89-8-5 | Waiver of rights prohibited; Provisions prohibited in rental agreement | This section details how the tenant is protected and the various restrictions on leasing terms. |
| Section 89-8-23;Section 89-8-25 | Duties of landlord;Duties of tenant | The obligations of landlords and tenants when it comes to maintenance and repairs. |
| Section 89-8-21 | Tenant’s security deposit | All of the terms surrounding Mississippi security deposits. |
| Section 89-8-19 | Length of term of tenancy; Notice to terminate tenancy; Exception to notice requirement | Termination notices and laws landlords and tenants should follow. |
| Sections 89-8-31 to 89-8-43 | Residential Evictions | Details all of the eviction reasons and procedures. |
Security Deposit Limits
- There’s no statutory limit on how much the lessors can ask for in the security deposit. However, most limit it to one (1) to two (2) months’ rent.
- There are further no statutory provisions that require receipts, interest, or keeping it in a separate account.
- Lessors have 45 days from when the lease terminates to return the security deposit. A written, itemized statement of any deductions must accompany it.
- If the lessor doesn’t return the security deposit within 45 days, they may have to pay the lessee up to $200 in damages.
Eviction Procedures
- For first-time violations, the lessor must provide a 14-day notice of the violation. The lessee has the opportunity to cure the violation within this time.
- If it’s a second-time violation of the same nature within six (6) months, then the lessor can immediately file for eviction.
- Lessors can evict lessees for the following reasons:
- A breach in rental contracts, such as failure to pay rent;
- Not vacating the premises once the lease terminates.
- Lessors must file specific documents and affidavits with a court of law to start the eviction process.
Right to Enter (Landlord)
- Mississippi doesn’t have specific statutory laws surrounding a lessor’s right of entry. As such, the lessor often has full access to the property.
- Most lessors will ensure to notify the lessee at least 24 hours in advance if they’re accessing the premises.
- Typically, the lessor must have reasonable cause to enter the property. This clause is implemented so as to not unnecessarily disturb the lessee’s quiet enjoyment and privacy.
Disclosures
The state doesn’t require any disclosures. Still, it’s strongly advised lessors add disclosures on any health risks or hazards. However, federal disclosures are mandatory:
- Lead-Based Paint Disclosure: It’s only applicable to buildings older than 1978. Lessors must disclose the presence and hazards of lead-based paint.
