Free Mississippi Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Mississippi Residential Lease Agreement

A Mississippi residential lease (also called a Mississippi rental agreement) sets the rent, term and house rules for a home rental. A Mississippi residential lease agreement is governed by the Residential Landlord and Tenant Act (Miss. Code §§89-8-1 et seq.), including the residential eviction procedures added to Chapter 8. Mississippi law is light-touch: no deposit cap, no late-fee cap and no entry-notice statute, so the written lease does most of the work — the rules that do apply include the 45-day deposit deadline and the 3-day nonpayment notice.

Mississippi landlord–tenant law at a glance

Mississippi residential lease law summary
Security deposit limit	No statutory capMiss. Code §89-8-21
Deposit return	45 days after the tenancy ends, possession is delivered and the tenant demands itMiss. Code §89-8-21(3)
Late fees	No statutory cap; set by the lease and should be reasonable
Rent-increase notice	No specific statute; month-to-month changes need the 30-day termination noticeMiss. Code §89-8-19
Landlord entry	No statutory notice period — set by the lease
Month-to-month termination	30 days’ written notice (week-to-week: 7 days)Miss. Code §89-8-19
Nonpayment notice	3 days’ written notice to payMiss. Code §89-8-13(5)
Rent control	None

Security deposits in Mississippi

Mississippi puts no limit on how much a landlord can collect as a security deposit. The money is held for the tenant, and the tenant’s claim to it comes ahead of the landlord’s own creditors (§89-8-21(2)).

Allowed deductions — Only amounts reasonably necessary to cover unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning at move-out, and other reasonable expenses caused by the tenant’s default — if the deposit was taken for those purposes (§89-8-21(3)).
Itemized notice — To keep any part of the deposit, the landlord must deliver a written notice itemizing each amount claimed (§89-8-21(3)).
Return deadline — The balance is due no later than 45 days after all three of these have happened: the tenancy ends, the tenant delivers possession, and the tenant demands the deposit. A tenant who never asks for the deposit doesn’t start the clock (§89-8-21(3)).
Bad-faith penalty — Keeping a deposit in violation of the statute and without good faith can cost the landlord up to $200 in addition to the tenant’s actual damages (§89-8-21(4)).

Rent, late fees & rent increases

Late fees — Mississippi has no statute capping late fees or requiring a grace period. The fee must be written into the lease and should be a reasonable estimate of the landlord’s cost of late payment — an excessive fee risks being treated as an unenforceable penalty.
Rent increases — There’s no statewide notice rule for rent increases. Rent under a fixed-term lease can’t change mid-term unless the lease allows it; for a month-to-month tenancy, an increase effectively requires the 30-day written notice needed to end the tenancy (§89-8-19).
Courts follow the lease — In a nonpayment eviction, the judge must apply the rental agreement the landlord and tenant signed (§89-8-13(5)) — so clear rent, fee and due-date terms matter more in Mississippi than in most states.
Rent control — Mississippi has no rent control, and state law limits municipalities from regulating private residential rents.

Landlord entry & access

Mississippi has no statute setting a notice period or hours for landlord entry. The lease governs, so it should spell out when and how the landlord may enter — for example, reasonable advance notice for repairs and showings, with immediate entry allowed in an emergency. The tenant still has the right to peaceful possession, and the landlord can’t use entry to harass.

Ending a Mississippi tenancy

Unless the lease sets a fixed term, a tenancy is week-to-week if rent is paid weekly and month-to-month otherwise (§89-8-19(1)). A fixed-term lease ends on its end date. No termination notice is required when either side has committed a substantial violation that materially affects health or safety (§89-8-19(4)).

Notice to end a Mississippi tenancy
Month-to-month	30 days’ written notice§89-8-19(3)
Week-to-week	7 days’ written notice§89-8-19(2)
Nonpayment of rent	3 days’ written notice to pay§89-8-13(5)
Other material breach	14 days’ notice to fix it or the lease ends§89-8-13(3)

Repeat violations — If substantially the same breach recurs within six months of a prior notice, the other party may end the lease on 14 days’ written notice with no chance to cure (§89-8-13(3)(b)).
Email & text notices — Breach and nonpayment notices may be sent by email or text message — but only if the tenant has agreed in writing to receive them that way. A lease clause capturing that consent is worth including (§89-8-13).
After judgment — If the landlord wins possession, the court generally gives the tenant seven days to move out. In a nonpayment case, the tenant can avoid removal by paying everything owed before the hearing or by the court-ordered move-out date (§§89-8-35, 89-8-39).
Cosigner release — Under the Derrick Beard Act, a cosigner may end the lease when the tenant (or all tenants) dies, remaining liable only for sums owed through the month of death and for damage (§89-8-29).

Required disclosures in Mississippi

Mississippi’s Residential Landlord and Tenant Act doesn’t impose a long list of state-specific lease disclosures.

Lead-based paint — Federal lead warning and known-hazard disclosure, plus the EPA pamphlet, for housing built before 1978 (42 U.S.C. §4852d).
Rules & regulations — Building rules bind the tenant only if they serve tenant safety, welfare or property protection, apply fairly to all tenants and are explicit enough to follow; rules adopted after signing need reasonable notice and can’t substantially change the lease (§89-8-11).

Habitability & repairs

A Mississippi landlord must comply with building and housing codes materially affecting health and safety, and keep the unit and its plumbing, heating and cooling in substantially the same condition as at move-in, reasonable wear and tear excepted (§89-8-23). The parties may agree in writing, in good faith, that the tenant takes on some of those duties.

If the landlord doesn’t fix a material defect within 30 days of written notice, a tenant who is current on rent and has met their own duties may make the repair and be reimbursed or deduct it from future rent — capped at one month’s rent, and no more than once every six months (§89-8-15). Tenants in turn must keep the unit clean and safe, use appliances reasonably and avoid damage (§89-8-25).

Tenant protections you can’t waive

No waiver of the Act — Neither side can waive rights or remedies under the Act, and a lease can’t include a confession of judgment or excuse the landlord from liability for willful misconduct (§89-8-5).
Good faith — Every duty and remedy under the Act — including terminating or not renewing a tenancy — must be exercised in good faith (§89-8-9).
Retaliation — After a lease expires, a landlord may demand a rent increase only if retaliation against the tenant for exercising rights under the Act is not the dominant purpose (§89-8-17).
Court process — A landlord recovers possession of a dwelling only through the court eviction process (§§89-8-31 through 89-8-39).

Mississippi lease agreement FAQs

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

There’s no statutory maximum — the deposit is whatever the lease sets. The statute controls what can be deducted and how quickly the balance must be returned (§89-8-21).

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

No later than 45 days after the tenancy ends, possession is delivered and the tenant demands the deposit, together with a written itemization of anything kept. Bad-faith retention can cost up to $200 plus actual damages (§89-8-21).

Is there a limit on late fees in Mississippi?

No statute caps late fees or requires a grace period. The fee should be in the written lease and reasonable, since courts apply the signed rental agreement in nonpayment cases (§89-8-13(5)).

How much notice does a Mississippi landlord need to give before entering?

Mississippi law doesn’t set one. The entry terms in your lease govern, so it’s important to state a notice period and an emergency exception clearly.

How much notice to end a month-to-month lease in Mississippi?

Thirty days’ written notice before the termination date, from either side; week-to-week tenancies need seven days (§89-8-19).

How much notice is required to evict for unpaid rent in Mississippi?

The landlord may give a written notice that the lease will end if rent isn’t paid within three days, then file for eviction. Other material breaches require a 14-day notice to cure (§89-8-13).

Does a Mississippi lease need to be notarized?

No. A lease is binding once both parties sign, and oral month-to-month tenancies are recognized. A lease longer than one year should be in writing to be enforceable.

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