Mississippi Landlord Tenant Laws [2025]

Mississippi Landlord Laws

Mississippi is widely considered a landlord-friendly state. With no statewide rent control, few regulations on application or late fees, and flexible notice requirements for evictions, the state offers a simple legal environment for property owners and landlords.

That being said, landlords in Mississippi are still required to comply with numerous landlord-tenant laws at the federal, state, and local levels. These laws govern important aspects of rental management, including lease agreements, maintenance obligations, security deposits, and eviction procedures. Understanding Mississippi landlord-tenant law is essential for staying in compliance with the law and protecting your property investment.

You can find Mississippi’s rental laws in the Residential Landlord and Tenant Act (Miss. Code ss 89 contains the state’s real and personal property laws), as well as in helpful state-specific guides for landlords and tenants. Please note that while this article provides a summary of the most important state laws, it is not exhaustive. Additionally, certain municipalities may have their own rental ordinances that go beyond state requirements. If you have questions about a rental dispute or need help interpreting Mississippi law, be sure to consult an experienced real estate attorney.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

Mississippi Quick Facts

Rights and Responsibilities of Mississippi Landlords and Tenants

Mississippi landlords and tenants both have rights and responsibilities defined by state law. For instance, landlords must provide habitable housing and comply with basic health and safety codes, while tenants are required to pay rent on time and avoid damaging the property. In return, landlords are entitled to receive rent payments, and tenants have the right to a safe and private living environment. Most of these responsibilities are outlined in the lease agreement, but all lease terms must still comply with Mississippi law to be enforceable.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in Mississippi:

Mississippi landlords have the right to:

• Collect rent as outlined in the lease agreement.
• Charge a security deposit with no state-imposed maximum, as long as the amount is reasonable.
• Deduct deposit funds for damages beyond normal wear and tear or unpaid rent.
• Screen tenants using background checks, credit reports, and references.
• Enter the rental property with reasonable notice for inspections, repairs, or showings.
• Begin eviction proceedings if a tenant fails to pay rent, breaks the lease, or damages the property.
• Set rules in the lease regarding pets, smoking, guests, and more, provided that they don’t violate fair housing laws.

Mississippi landlords are responsible for:

• Keeping the rental premises habitable as required, including working plumbing, electricity, heating, and sanitation systems.
• Making necessary repairs in a timely manner once notified by the tenant.
• Complying with all federal rules and state fair housing regulations.
• Giving "reasonable" notice before entering the property, though Mississippi law doesn’t define a specific notice period.
• Returning the tenant’s security deposit within 45 days of lease termination, along with an itemized list of any deductions.
• Following the legal eviction process and avoiding illegal "self-help" evictions.

Mississippi tenants have the right to:

• Live in a home that is safe, sanitary, and structurally sound.
• Request necessary repairs and withhold rent or terminate the lease if the landlord fails to remedy serious maintenance issues (after providing written notice and a reasonable opportunity to fix the problem).
• Privacy and quiet enjoyment of their rental unit.
• Be protected from discrimination based on race, color, religion, sex, national origin, familial status, or disability under federal law.
• Be free from retaliatory eviction for asserting their legal rights or reporting health and safety violations.

Mississippi tenants are responsible for:

• Paying rent on time and according to the lease agreement.
• Following the lease terms and all house rules.
• Keeping the unit clean and not damaging the property.
• Informing the landlord about repairs that are needed or unsafe conditions.
• Notifying the landlord if they plan to vacate at the end of the lease.
• Not disturbing neighbors or engaging in illegal activity on the premises.

Mississippi Required Disclosures

Required disclosures are details that landlords must share with tenants before signing a lease agreement. These disclosures are designed to inform tenants about important property conditions, health hazards, and landlord policies. While Mississippi does not require as many disclosures as some other states, landlords must still comply with a few key rules to remain legally compliant.

Below is one of the most important required disclosures for landlords in Mississippi.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Additional Reading: Mississippi Residential Lease Agreement

Mississippi Rent and Fee Laws

Although Mississippi does not impose rent control, the state does have laws that impact how landlords handle rent collection, late fees, and rent-related disputes. For instance, while there are no statutory limits on how much a landlord can charge for late rent, there are clear rules regarding returned check fees and the conditions under which a tenant may withhold rent. Below are the most important rent and fee laws that Mississippi landlords should understand.

Rent Payments

• Due Date: There is no statute in Mississippi specifying when rent should be due. The date and location at which rent is due should be included in a Mississippi lease agreement.
• Rent Increases: Rent control is banned in Mississippi (Miss. Code § 21-17-5(2)).
• Grace Period: There is no mandatory grace period in Mississippi.

Fees

• Late Fees: There is no statutory limit on late fees in Mississippi. What is a reasonable late fee for rent in Mississippi? A typical late fee ranges from 5%-10% of monthly rent.
• Application Fees: Rental application fees are not regulated in Mississippi.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $30 (Miss. Code § 97-19-67(5)).

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to repair a specific, material defect that constitutes a breach of the lease, the tenant may give a written notice to the landlord. After 30 days, if the landlord still fails to make the repair, the tenant may repair the defect and either deduct the cost from future rent or demand reimbursement of the expenses within 45 days. However, the amount must not exceed one month’s rent, and the tenant must also be current in all rental payments (Miss. Code § 89-8-15).

Mississippi Security Deposit Laws

Almost all states have laws regulating how landlords collect, hold, and return security deposits, and Mississippi is no exception, however they do have more lenient regulations compared to other states. These regulations typically cover the maximum amount a landlord can charge, whether the deposit must accrue interest, how quickly it must be returned after a lease ends, and the reasons for which funds can be withheld. Below are Mississippi’s most important security deposit laws.

• Deposit Limit: There is no limit on security deposit amounts in Mississippi.
• Interest: Mississippi landlords are not required to pay interest on security deposits.
• Return Within: 45 days (Miss. Code § 89-8-21(3)).
• Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
• Withholding: Landlords may withhold funds from the security deposit for unpaid rent, cleaning, property damage beyond normal wear and tear, or other reasonable and necessary expenses incurred because of the tenant’s default. Landlords must also send the tenant a written notice itemizing the amounts withheld from the security deposit (Miss. Code § 89-8-21(3)).

Mississippi Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in Mississippi are protected from discriminatory housing practices under the federal Fair Housing Act (Title 24 USC § 3601-3607), which applies to all U.S. states. Housing discrimination occurs when a landlord treats applicants or tenants unfairly in the following areas:

• Accepting or rejecting rental applications
• Advertising or listing rental units
• Setting rental rates or deposits
• Offering discounts or other lease incentives
• Providing maintenance and services
• Enforcing lease terms
• Issuing eviction notices
• etc.

These protections apply to all stages of the rental process and are meant to ensure fair and equal access to housing opportunities.

What are the protected classes in Mississippi?

Under federal law, it is illegal for landlords in Mississippi (and nationwide) to discriminate based on the following protected classes:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

Mississippi landlord laws do not currently provide additional statewide protected classes beyond those listed in the federal Fair Housing Act. However, state law reaffirms these protections (Miss. Code § 43-33-723). Landlords in some local jurisdictions or federally subsidized housing programs may be subject to additional requirements. Landlords should always screen tenants consistently and fairly, avoiding policies or practices that could have a discriminatory impact.

Use of Credit Reports

Mississippi landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during tenant screening in Mississippi. Mississippi landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: Mississippi Background Checks & Screening Online

Mississippi Landlord Entry Laws

Mississippi landlord laws do not require landlords to give advance notice before entering a rental unit, nor do they restrict specific entry times. While not legally required, landlords are typically allowed to enter without notice during emergencies. Below is a summary of Mississippi's landlord entry laws.

• Advanced Notice: There is no state law in Mississippi requiring landlords to give advance notice before entering a property.
• Permitted Times: Mississippi state law does not designate any time-of-day restrictions for entering.
• Emergency Entry: There are no laws in Mississippi regarding emergency entry without notice. However, landlords are generally permitted entry during emergencies.

Mississippi Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. The process involves sending proper legal notice, filing an eviction lawsuit, presenting a valid reason and evidence for eviction to a judge, and receiving a court order for eviction. Before pursuing eviction in Mississippi, consider hiring an experienced real estate attorney and be sure to review the Mississippi eviction process in more detail.

If you decide to pursue an eviction in Mississippi, the first step is to send a formal, written eviction notice. Mississippi has a few different kinds of eviction notices, each associated with a different situation:

• Rent Demand Notice: 3 days to pay or quit (Miss. Code § 89-8-13(5)).
• Notice for Lease Violation: 14 days to cure or quit. After the second violation within six months, the landlord may issue an unconditional 14-day notice to quit with no opportunity to cure the violation (Miss. Code § 89-8-13(3)).
• Notice for Repeat Lease Violation: 14 days to quit. This notice applies (with no opportunity to cure) if the tenant commits a second violation within six months of a first one (Miss. Code § 89-8-13(3)).
• Unconditional Notice to Quit: Immediate. According to Mississippi laws on eviction, landlords are not required to send notice before terminating a tenancy when the tenant has committed a substantial violation of the rental agreement or the law that materially affects health or safety (Miss. Code § 89-8-19(4)).

Additional Reading: Mississippi Eviction Process and Laws [2025]

Mississippi Squatter's Rights

Squatters are individuals who occupy a property without legal permission. They can be difficult to remove without following the proper legal process. If a squatter refuses to vacate the property, landlords must typically go through the formal eviction procedure, even though no lease agreement exists.

Using such self-help methods in Mississippi can result in legal consequences for landlords, especially if the individual in question had any previous agreement, verbal or written, with the owner. Mississippi law allows squatters to claim legal ownership of a property through adverse possession if they occupy it openly, continuously, and without permission for a period of ten years and meet other requirements, such as paying property taxes. This means it’s especially important for landlords to act quickly when unauthorized occupants are discovered.

Before attempting to remove a squatter, property owners should consult a real estate attorney to ensure compliance with state law and to avoid costly legal disputes.

Additional Reading: Mississippi Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Mississippi

• The current average rent rate in Mississippi is $1,500 per month, according to Zillow.
• The current average rent rate in Jackson is $1,125 per month, according to Zillow.
• According to the Derrick Beard Act, any cosigner of a residential lease may terminate the lease before the expiration date upon the death of the lessee, so long as they provide notice to the lessor within 30 days (Miss. Code § 89-8-29).

Conclusion

Mississippi’s rental laws establish a framework for solid landlord-tenant relationships, emphasizing the importance of adhering to state and federal regulations to ensure fair interactions. While the state offers landlords considerable flexibility, such as the absence of rent control and minimal restrictions on fees, it also mandates compliance with specific legal obligations to protect tenants. Staying informed about these laws is vital for landlords to avoid legal penalties and to maintain long-term relationships with tenants.

FAQs

Is Mississippi a landlord-friendly state?

Yes, Mississippi is considered landlord-friendly. The state does not impose rent control, allowing landlords to set and increase rent at their discretion, provided proper notice is given. Additionally, there are no statutory limits on late fees or requirements for grace periods. However, landlords must still comply with state and federal fair housing laws.

Can a landlord refuse to rent to someone using Section 8 vouchers in Mississippi?

Mississippi landlord laws do not prohibit landlords from refusing to rent to tenants based on their source of income, including housing vouchers. Therefore, landlords may legally decline applicants who use Section 8 vouchers.

What is the maximum security deposit a landlord can charge in Mississippi?

Mississippi landlord laws do not specify a maximum amount for security deposits. However, landlords must return the deposit within 45 days after the termination of the tenancy and delivery of possession, minus any deductions for unpaid rent or damages beyond normal wear and tear.

How much notice must a Mississippi landlord give before entering a rental unit?

Mississippi landlord laws do not stipulate a specific notice period for landlord entry. Nevertheless, it is generally recommended that landlords provide reasonable notice, typically 24 hours, before entering a rental unit, except in cases of emergency.

How much notice should a Mississippi landlord give to evict a tenant for nonpayment of rent?

For nonpayment of rent, Mississippi landlord laws ask landlords to provide a 3-day written notice to pay or quit. If the tenant fails to pay the overdue rent within this period, the landlord may proceed with the eviction process through the courts.

What protected classes are covered under Mississippi fair housing laws?

Mississippi fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, familial status, and disability. These protections align with federal fair housing regulations.

Free Downloads

1. Mississippi Residential Lease Agreement Template
2. Mississippi Quitclaim Deed
3. Mississippi Residential Lease Agreement Template
4. Mississippi Eviction Notice Form
5. Mississippi 3-Day Notice to Quit Form
6. Mississippi Complaint for Eviction

Resources

1. Mississippi Landlord-Tenant Law Overview
2. Mississippi Fair Housing Information
3. Mississippi Eviction Process & Laws [2025]
4. Mississippi Housing Market Trends & Forecast
5. Real Estate Terms & Definitions(Title X, Section 1018)