What clauses are legally required in every Mississippi lease agreement?
Every Mississippi lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Mississippi has few mandatory statutory clauses beyond the deposit-return rule (below). A lease for a term longer than one year must be in writing to be enforceable under the Statute of Frauds (Miss. Code § 15-3-1).
Mississippi security deposit rules — the 45-day return
Miss. Code § 89-8-21 governs deposits:
- No cap on the deposit amount.
- Return: within 45 days after the tenancy ends, possession is delivered, and the tenant demands it, the landlord must return the deposit or provide a written notice itemizing any deductions. Deductions are limited to unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning, and other reasonable costs of the tenant's default; receipts are not required.
- Penalty: bad-faith retention exposes the landlord to up to $200 in statutory damages in addition to actual damages, plus court costs and reasonable attorney's fees.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Mississippi
Mississippi does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable; a court may decline to enforce an unconscionable fee.
Notice periods to end or not renew a Mississippi lease
Mississippi notice periods (Miss. Code Title 89, Ch. 8):
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 30 days | § 89-8-19 |
| Nonpayment of rent (residential) | 3-day notice to pay or quit | § 89-8-13 |
No notice is required for a substantial lease violation that materially affects health and safety. For residential nonpayment, the correct statute is § 89-8-13 — § 89-7-27 was amended in 2022 to cover only non-residential premises. The 3-day notice may be delivered by email or text only if the tenant agreed to that in writing. Self-help eviction is unlawful.
What disclosures must Mississippi landlords provide?
Mississippi requires very little at the state level:
- Lead-based paint (federal): the disclosure, records, and EPA pamphlet for pre-1978 housing.
- No general state mandate: Mississippi does not require statewide disclosure of mold, flooding, pests, prior deaths, or sex-offender information for residential leases, though fraud law still applies.
What happens if a Mississippi lease is missing required terms?
Specific failures carry specific consequences:
- Missed 45-day return / no itemization: bad-faith retention exposes the landlord to up to $200 plus actual damages, costs, and attorney's fees (§ 89-8-21).
- Wrong nonpayment notice: using the non-residential statute (§ 89-7-27) instead of § 89-8-13 can undermine a residential eviction.
Managing rentals in more than one state? Compare Mississippi's rules with our Alabama and Louisiana lease requirement guides.
Full Mississippi disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Mississippi landlord must give at signing, see our Mississippi required lease disclosures checklist.
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Create your Mississippi lease agreement →Frequently asked questions
Is there a security deposit limit in Mississippi?
No. Mississippi sets no cap on the deposit amount, but the deposit must be returned with a written itemized notice within 45 days of the tenancy ending and the tenant's demand (Miss. Code § 89-8-21).
How long does a Mississippi landlord have to return a security deposit?
Within 45 days after the tenancy ends, possession is delivered, and the tenant demands it. Bad-faith retention adds up to $200 in statutory damages plus actual damages, costs, and attorney's fees (Miss. Code § 89-8-21).
Is there a late-fee limit in Mississippi?
No. Mississippi does not cap residential late fees; the fee must be in the lease and reasonable rather than unconscionable.
How much notice is required to end a month-to-month tenancy in Mississippi?
Thirty days (Miss. Code § 89-8-19). Residential nonpayment of rent requires a separate 3-day notice to pay or quit (§ 89-8-13).
Which Mississippi statute governs a residential nonpayment eviction?
Miss. Code § 89-8-13, which sets a 3-day pay-or-quit notice. Section 89-7-27 was amended in 2022 to apply only to non-residential premises, so it should not be used for a residential dwelling.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.