Mississippi Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Mississippi
What are the late fee regulations in Mississippi?
Mississippi law allows landlords to charge late fees if specified in the lease agreement. There is no statutory limit on late fees, but they must be reasonable and clearly stated in the lease. The lease should specify the amount of the late fee and when it will be charged. Courts may find excessive late fees unenforceable as a penalty rather than legitimate liquidated damages.
What are the rules for security deposits in Mississippi?
Mississippi law does not set a limit on security deposit amounts. Landlords must return deposits within 45 days after the tenant moves out, along with an itemized list of any deductions. Unlike some states, Mississippi does not require landlords to pay interest on security deposits. Tenants should document the condition of the unit at move-in and move-out with photos and a written inventory to protect their deposit.
What are the eviction rules and tenant protections in Mississippi?
Mississippi requires: 1) 3-day notice for non-payment of rent, 2) 30-day notice for lease termination in month-to-month tenancies. Self-help evictions are illegal. Landlords must file an eviction action in court. Tenants may defend against eviction if they can prove rent was paid or the landlord violated the lease. Mississippi law provides limited protections for tenants, making it important to carefully review and understand your lease agreement. The eviction process typically moves quickly in Mississippi courts.
What are the maintenance requirements for landlords in Mississippi?
Mississippi law requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. Mississippi follows the implied warranty of habitability, requiring rental properties to be fit for human habitation. Tenants should provide written notice of repair needs. If landlords fail to make necessary repairs, tenants may have the right to repair and deduct costs from rent, but should consult with legal counsel before taking such action.
What notice is required for landlord entry in Mississippi?
Mississippi law requires landlords to provide reasonable notice before entering a rental unit, though no specific time period is mandated by state law. The lease should specify notice requirements. Entry must be during reasonable hours unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy.
What are the rules for rent increases in Mississippi?
Mississippi law requires landlords to provide written notice before increasing rent, typically at least one rental period in advance (30 days for month-to-month tenancies). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. Mississippi has no rent control laws, and landlords can increase rent by any amount with proper notice. However, increases must not be discriminatory or retaliatory in nature.
What are my rights regarding repairs in Mississippi?
Mississippi tenants have repair rights under state law: 1) Notify landlord in writing of needed repairs, 2) Give landlord reasonable time to make repairs, 3) If landlord fails to make repairs affecting habitability, tenants may have the right to repair and deduct costs from rent. Mississippi law requires rental properties to be habitable, but provides fewer specific protections than some other states. Tenants should document all repair requests and landlord communications. For serious habitability issues affecting health/safety, tenants may have grounds to terminate the lease.
What are the rules about security deposit deductions in Mississippi?
Mississippi landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. They must return deposits within 45 days of move-out and provide an itemized list of deductions. There is no statutory limit on security deposit amounts. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold security deposits may be liable for actual damages plus court costs.
What are Mississippi's requirements for smoke detectors?
Mississippi law requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Smoke alarms must be UL listed and properly maintained. Carbon monoxide detectors are recommended but not required by state law in residential properties. Landlords must ensure detectors are working at the start of each tenancy. Tenants are typically responsible for testing devices and replacing batteries during their tenancy. Tampering with smoke detectors is prohibited.
What disclosures are required from Mississippi landlords?
Mississippi landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under Mississippi law
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
