At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlords may charge any amount |
| Rent control? | No | No statewide or local rent control laws |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 1 year | Shorter-term leases may be oral |
| Landlord entry notice? | No statute | No specific statutory requirement for entry notice |
Security Deposits
Mississippi's Residential Landlord and Tenant Act governs security deposit requirements. The state does not impose a cap on the amount a landlord may collect as a security deposit.
Landlords must return the deposit within 45 days of the tenant vacating the unit, along with an itemized statement of any deductions. This is one of the longer return periods in the United States.
The deposit must be held in a separate escrow account maintained by the landlord in a Mississippi financial institution.
Eviction Procedures
Mississippi requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent
- 30-Day Notice: For material lease violations, giving the tenant the opportunity to cure
- 30-Day Notice: For termination of a month-to-month tenancy without cause
After the notice period expires, the landlord must file an eviction action in justice court or county court and obtain a court order before proceeding with the removal of the tenant.
Rent Control
Mississippi does not have any form of rent control at the state or local level. There are no restrictions on the amount by which a landlord may increase rent. Landlords may raise rent by any amount with proper notice, typically 30 days for month-to-month tenancies. Rent increases during a fixed-term lease are governed by the terms of the lease agreement.
Lease Agreements
Mississippi requires leases longer than one year to be in writing under the Statute of Frauds. Oral agreements are enforceable for shorter tenancies, including month-to-month arrangements.
Required Disclosures
Mississippi landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Landlord identity: The name and address of the property owner and the person authorized to manage the premises
- Security deposit: The location and account information for the escrow account holding the deposit
- Known defects: Any known material defects affecting the habitability of the property
Tenant Rights
Mississippi provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in compliance with applicable building and housing codes, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations or requesting necessary repairs
- Discrimination protection: Federal Fair Housing Act protections apply; Mississippi law prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability
- Essential services: Landlords may not deliberately shut off essential services such as water, heat, or electricity
- Right to cure: Tenants must generally be given the opportunity to cure lease violations before eviction proceedings may begin