The Mississippi Rental Lease Agreement Forms are a group of legal agreements designed to facilitate the transfer the temporary of property from a property owner or manger to a tenant. While there are many different kinds of leases, the ones presented here are the most common of their kind. If you wish to sell or rent property in Mississippi, you will need a Real Estate Broker License.
Regardless of the type, length or intended purpose of the property, each lease should be read carefully. There will be a variety of different clauses and provisions unique to the lease and the property which need to be understood to avoid breaking the lease accidentally. Residential leases are required to have simple, easy to understand language to minimize the chances of breaking it through misunderstanding.
Form Description Types
Mississippi Rental Laws
- Mississippi Code, Title 89-7-1 to 89-8-29
Almost all landlords will wish to charge a security deposit, to account for any reasonable wear and tear a property will sustain during a tenancy. There are no legal limits to how much a landlord can charge for a security deposit in Mississippi state law, although there may be local or city caps. In Mississippi a landlord is required to return a security deposit forty five (45) days after the tenant moves out.
Regardless of the type of lease, all of the rules about rent, including how much it is, when it is due and what forms are acceptable, will all be spelled out in the lease. There are no rent controlled areas in Mississippi, so there is no legal limit to how much a landlord can charge for rent.
If a tenant fails to pay their rent on time, and in full, they may accrue a late fee. There are no laws in Mississippi governing late fees, so there is no limit to when it can be charged or how much it can be. However a late fee must be spelled out, in clear language, in the lease itself. If it is not, the landlord has no legal right to charge a late fee.
In a One Year Lease, or other long term leases, the rent cannot be altered until the lease has terminated and been renegotiated, unless there is a clause in the lease itself that allows for a rent increase. In a Month to Month Lease, the rent can be altered at the discretion of the landlord by giving the tenant thirty (30) days written notice.
In Mississippi, if a tenant has violated the lease, the landlord can serve them with written notice of the violation and give them thirty (30) days to fix the violation or move out. If the tenant has committed the same violation twice in six (6) month, the landlord can file an Unconditional Quit Notice, and give the tenant fourteen (14) days to move out. If the tenant has committed a violation that cannot be remedied, that landlord may still file an Unconditional Quit Notice, but mus then give the tenant thirty (30) days to move out.
Once the amount of time allotted, depending on the violation, has passed, if the tenant has not moved out, the landlord may go to the local court system and apply for an Eviction Notice. There will then be a hearing, in which the landlord will present their case and the tenant will have an opportunity to defend themselves. If the landlord is successful, the tenant will be served with an Eviction Notice and legally required to leave.
Note that until the landlord has obtained an Eviction Notice they may not change the locks, remove the tenant’s property, disconnect utilities or otherwise try to force the tenant to leave.
In Mississippi there are no housing discrimination laws, which means that only federal law applies. Hence it is illegal to discriminate (IE refuse housing, deny housing is available, alter rent) for the following reasons:
- race, color, national origin, religion, sex, family status, physical or mental disability
- note that age, sexual orientation and gender identity are not covered
Landlord’s Right to Enter
There are no statutes in Mississippi covering a landlord’s right to enter an apartment, and so it is covered by what is often known as Common Law. Hence a landlord is typically required to give at least twenty four (24) hours notice before entering a property to do non-emergency repairs or to perform an inspection. In an emergency, this is suspended and a landlord may enter without notice or the tenant’s consent.