Question 1

How much can a landlord charge for a security deposit in Mississippi?

Accepted Answer

Mississippi's Residential Landlord and Tenant Act (ch. 89-8) sets no maximum security deposit (full-text search of the chapter).

Question 2

How long does a landlord have to return a security deposit in Mississippi?

Accepted Answer

The landlord may keep only amounts reasonably needed for unpaid rent, damage beyond normal wear and tear, cleaning or other default costs, itemized in writing. The rest must be returned within 45 days after the tenancy ends, possession is delivered and the tenant makes a demand. Bad-faith retention can add up to $200 in damages on top of actual damages.

Question 3

How much notice does a landlord have to give before entering a rental in Mississippi?

Accepted Answer

Ch. 89-8 sets no advance-notice requirement for landlord entry (full-text search of the chapter).

Question 4

How much notice does a landlord need to give to raise the rent in Mississippi?

Accepted Answer

Ch. 89-8 sets no notice period for rent increases (full-text search of the chapter). § 89-8-17 lets a landlord demand a rent increase after a lease expires, so long as the dominant purpose is not retaliation for the tenant's actions protected by the chapter.

Question 5

Can a landlord charge a late fee in Mississippi, and how much?

Accepted Answer

Ch. 89-8 sets no cap on late fees. Late fees required by the rental agreement count as 'rent' (§ 89-8-7) (full-text search of the chapter).

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Mississippi?

Accepted Answer

3 days' written notice to pay or the lease ends. The notice can go by email or text if the tenant agreed to that in writing.

Question 7

Can cities in Mississippi pass rent control?

Accepted Answer

No state statute preempting local rent control was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 8

How much notice is needed to end a month-to-month tenancy in Mississippi?

Accepted Answer

Either party may end a month-to-month tenancy with written notice at least 30 days before the termination date. Week-to-week tenancies need 7 days' notice. No notice is needed after a substantial violation that materially affects health or safety.

Question 9

Does a landlord have to pay interest on a security deposit in Mississippi?

Accepted Answer

Ch. 89-8 requires no interest on security deposits (full-text search of the chapter).

Question 10

Is a move-in or move-out inspection checklist required in Mississippi?

Accepted Answer

Ch. 89-8 sets no move-in inspection or checklist requirement (full-text search of the chapter).

Question 11

Is landlord retaliation illegal in Mississippi?

Accepted Answer

After a lease expires, the landlord may raise rent or start a holdover eviction (with 3 days' notice), but not with the dominant purpose of retaliating against the tenant for actions authorized by the Act.

Question 12

Can a landlord change the locks or shut off utilities in Mississippi?

Accepted Answer

Ch. 89-8 contains no express ban on landlord lockouts or utility shutoffs (full-text search of the chapter). It provides a court eviction process (§§ 89-8-33 to -45).

Question 13

What can a tenant do if the landlord won't make repairs in Mississippi?

Accepted Answer

If the landlord does not fix a specific, material defect within 30 days of written notice, the tenant may repair it and be reimbursed within 45 days, or offset the cost against future rent. Conditions: the cost does not exceed one month's rent, the tenant is current on rent, and the remedy has not been used in the past 6 months. The tenant may also end the lease on 14 days' notice for an uncured material breach.

Question 14

What disclosures must a landlord give tenants in Mississippi?

Accepted Answer

Ch. 89-8 imposes no specific landlord disclosure requirements (full-text search of the chapter).

Question 15

What can a landlord do with property a tenant leaves behind in Mississippi?

Accepted Answer

After a judgment of possession, property left when the tenant moves out by the court-ordered date may be disposed of without further notice. After a warrant of removal is executed, the landlord must allow reasonable access for 72 hours. After that, the landlord may move remaining property to the curb, a garbage area, or another agreed location.

Question 16

Can a tenant break a lease early for domestic violence or military service in Mississippi?

Accepted Answer

A cosigner may end a residential lease after the death of the lessee, or of all lessees, and is presumed to have done so unless they notify the landlord within 30 days. Rent through the month of death is still owed. This applies to leases signed or renewed on or after July 1, 2011.

Question 17

Is there a grace period before a late fee can be charged in Mississippi?

Accepted Answer

Ch. 89-8 sets no grace period before a late fee may be charged (full-text search of the chapter).

Question 18

What is the military lease termination (federal scra, all states) rule in Mississippi?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 19

What federal protections does a tenant have after foreclosure in Mississippi?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 20

Can a tenant fix something and deduct it from rent in Mississippi?

Accepted Answer

If the landlord does not fix a specific, material defect within 30 days after written notice, the tenant may repair it and be reimbursed within 45 days after giving receipted bills, if the repair costs no more than one month's rent, the tenant is current on rent and has met tenant duties, and the remedy was not used in the past 6 months (Miss. Code Ann. § 89-8-15).

Question 21

What is the warranty of habitability in Mississippi?

Accepted Answer

The landlord must comply with building and housing codes materially affecting health and safety, and maintain the unit and its plumbing and heating or cooling in substantially the same condition as at the start of the lease, except for normal wear and tear or tenant-caused damage (Miss. Code Ann. § 89-8-23(1)).

Question 22

What happens if a tenant stays after the lease ends in Mississippi?

Accepted Answer

After a lease expires, the landlord may give written notice that the tenant is holding over and that eviction will start no earlier than 3 days later (§ 89-8-17(2)). If the tenant does not leave by the date in the landlord's notice, the landlord may charge double rent unless the lease says otherwise (§ 89-8-45).

Question 23

What happens to the lease when a tenant dies in Mississippi?

Accepted Answer

A cosigner may terminate, and is presumed to have terminated, the lease on the death of the lessee (or all lessees); a cosigner who wants to keep the lease must notify the landlord within 30 days (§ 89-8-29).

Question 24

What is the eviction notices for other grounds (lease violation, no-fault) rule in Mississippi?

Accepted Answer

For a material lease breach, the landlord may give written notice that the lease will end on a date at least 14 days after the tenant receives it unless the breach is fixed within a reasonable time of no more than 14 days. For a repeat of the same breach within 6 months, the landlord may terminate with at least 14 days' written notice (Miss. Code Ann. § 89-8-13(3)).

Question 25

What is the right to cure / redeem rule in Mississippi?

Accepted Answer

If a breach can be fixed by repairs, paying damages or otherwise, and the tenant fixes it before the date in the 14-day notice, the lease does not end. There is no second chance for the same breach within 6 months (Miss. Code Ann. § 89-8-13(3)(a)-(b)).

Question 26

How does the eviction court process work in Mississippi?

Accepted Answer

The landlord files a sworn affidavit or complaint with a copy of the breach or termination notice (§ 89-8-33). A summons orders the tenant to vacate or appear on a set day (§ 89-8-35). If the landlord wins, the judge orders the tenant out in 7 days from the judgment unless an emergency or other compelling circumstances justify a different period (§ 89-8-39(1)).

Question 27

Does a landlord need just cause to evict in Mississippi?

Accepted Answer

Either party may end a month-to-month tenancy with at least 30 days' written notice, or a week-to-week tenancy with 7 days' notice (Miss. Code Ann. § 89-8-19). No state just-cause eviction requirement was found in ch. 89-8, reviewed by full-text search.

Question 28

What is the deposit bank holding / separate account rule in Mississippi?

Accepted Answer

No state statute on how security deposits must be held was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 29

What is the pet deposits/fees & service/esa animals rule in Mississippi?

Accepted Answer

No state statute on pet deposits or animals was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 30

Does Mississippi have rent control?

Accepted Answer

No state statute limiting rent amounts or increases was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 31

Can a tenant withhold rent for repairs in Mississippi?

Accepted Answer

No state statute allowing rent withholding or rent escrow was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 32

Does a landlord have to provide smoke and carbon monoxide detectors in Mississippi?

Accepted Answer

No state statute requiring smoke or carbon monoxide detectors in rentals was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 33

How much can a landlord charge for a rental application fee in Mississippi?

Accepted Answer

No state statute limiting rental application fees was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 34

Can a landlord deny a tenant for criminal or credit history in Mississippi?

Accepted Answer

No state statute limiting tenant screening by criminal or credit history was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 35

Can a landlord refuse Section 8 or other source of income in Mississippi?

Accepted Answer

No state statute barring source-of-income discrimination was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 36

What disclosures must a landlord give in Mississippi?

Accepted Answer

No state statute requiring owner or manager identity disclosures was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 37

What is the tenant buyout disclosures rule in Mississippi?

Accepted Answer

No state statute on tenant buyout agreements was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 38

Does a landlord have to give notice before not renewing a lease in Mississippi?

Accepted Answer

No state statute requiring notice of lease nonrenewal was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 39

What is the domestic violence early termination rule in Mississippi?

Accepted Answer

No state statute giving domestic violence victims an early termination right was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search). Federal VAWA protections apply only in covered federally assisted housing.

Question 40

What is the scra / military lease termination rule in Mississippi?

Accepted Answer

No state statute on military lease termination was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search). Federal SCRA rights apply (50 U.S.C. § 3955).

Question 41

How much does it cost to file an eviction in Mississippi?

Accepted Answer

Justice court eviction filing costs are set per county. Example: Oktibbeha County Justice Court charges $84.00 to file an eviction against 1 defendant (fee sheet effective July 1, 2022). The statutory base fee in Miss. Code Ann. § 25-7-27(1)(a) ($25, plus $5 per added defendant) was not verified on an official site.

Question 42

What is the eviction record sealing rule in Mississippi?

Accepted Answer

No state statute sealing eviction records was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 43

What is the tenant relocation assistance rule in Mississippi?

Accepted Answer

No state statute requiring relocation assistance was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 44

What rights does a tenant have after foreclosure in Mississippi?

Accepted Answer

No state statute protecting tenants after foreclosure was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 45

Do landlords need a rental license or registration in Mississippi?

Accepted Answer

No state statute requiring rental registration was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 46

Can the city inspect my rental property in Mississippi?

Accepted Answer

No state statute requiring rental inspections was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 47

What is the property manager licensing rule in Mississippi?

Accepted Answer

Yes. Anyone who, for a fee or expected compensation, rents, leases or manages real estate for others is a real estate broker and needs a Mississippi license (Miss. Code Ann. §§ 73-35-1, 73-35-3(1)). Bona fide owners managing their own property and their salaried regular employees are exempt (§ 73-35-3(7)).

Question 48

What are the Airbnb / short-term rental rules in Mississippi?

Accepted Answer

No state statute regulating short-term rentals was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 49

What is the rental / transient occupancy tax rule in Mississippi?

Accepted Answer

Yes. Mississippi's 7% sales tax applies to the gross income of hotels, motels, tourist courts or camps and trailer parks (Miss. Dept. of Revenue rate page; 35 Miss. Admin. Code Pt. IV, 4-05-01-101, which says tax is due at the regular retail rate under Miss. Code Ann. § 27-65-23). Local tourism taxes may also apply.

Question 50

What is the condo conversion protections rule in Mississippi?

Accepted Answer

No state statute on condominium conversion of rentals was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 51

What is the guest & occupancy limits rule in Mississippi?

Accepted Answer

No state statute limiting guests or occupancy was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 52

What is the manufactured / mobile home parks rule in Mississippi?

Accepted Answer

No state statute on manufactured home park tenancies was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 53

What is the rent receipts, payment methods & cash rule in Mississippi?

Accepted Answer

No state statute on rent payment methods was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Question 54

Can a tenant sublet an apartment in Mississippi?

Accepted Answer

No state statute on subletting or assignment was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).

Mississippi landlord-tenant law FAQ