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What the Mississippi Residential Lease Agreement Form Covers
This agreement includes the following information for landlords and tenants in Mississippi:
- Mississippi Landlord-Tenant Act
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Rent Due Date and Late Fees
- Eviction Procedures
- Property Maintenance
- Required Disclosure Forms
- Tenant’s Right to Withhold Rent
Mississippi Landlord-Tenant Act
Summary (§§ 89-8-1 — 89-8-45): Mississippi law governs landlord and tenant responsibilities, rental agreements, security deposits, eviction procedures, tenant rights, and required disclosure forms.
Security Deposit Law
Summary (§ 89-8-21(3)):
- 45 Days – Landlords must return the security deposit within 45 days of the lease ending.
- Itemized List – Deductions for damages must be provided with the returned deposit.
- Maximum Amount – No laws mandating the max amount landlords can charge tenants for security deposits.
Lease Termination Rules for Landlords and Tenants
Summary (msbar.org):
If the lease doesn’t mention a term, it’s either a month-to-month or week-to-week lease based on rent payments:
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- Month-to-month: 30 days’ notice.
- Week-to-week: 7 days notice.
- No notice: if the rental unit poses a health or safety threat.
Landlord’s Access to the Rental Property
Summary (Miss. Code Ann. § 89-7-49):
- Landlords should provide reasonable notice before entering the rental property, except in emergencies. The notice timeframe should be written in the lease agreement.
- A Mississippi notice to enter is a document informing the tenant that the landlord needs access to the property. It includes the reason for entry, the date and time of the visit, and the landlord’s contact information.
Rent Due Dates and Late Fees
Summary (§ 97-19-57):
- Grace Period – Mississippi law does not require a grace period; terms depend on the lease agreement.
- Late Fees – Late fees must be reasonable and explicitly outlined in the lease agreement.
- NSF Fees – $40 per bounced check.
Eviction Procedures and Notices
Summary (Miss. Code § 89-8-13(5)(a)): Landlords must follow Mississippi’s formal eviction process, starting with a written notice.
- Notice to Pay or Quit – 3 days
Property Maintenance Requirements and Utilities
Summary: Landlords must maintain the rental property in a habitable condition. Any shared utilities should be disclosed in the lease.
Required Disclosure Forms
Summary: Mississippi landlords must disclose the following information:
- Lead-Based Paint Disclosure (hud.gov) – Required for all rental properties built before 1978.
Tenant’s Right to Withhold Rent
Summary (mdeq.ms.gov): Mississippi law does not allow withholding rent for lack of standard services. A “repair and deduct” option is available under the following conditions:
- Rent must be fully paid.
- The tenant must give the landlord 30 days’ written notice for repairs.
- If repairs are not made, the tenant can make them and deduct the cost from the rent.
- Repair costs must be reasonable and cannot exceed one month’s rent.
- This option is allowed only once every six (6) months.