Clarke County Mississippi Landlord-Tenant Law: A Complete Guide for Rental Property Owners in Quitman
Clarke County occupies a quiet corner of east-central Mississippi, just west of the Alabama state line, where the Piney Woods give way to the Chickasawhay River valley and small communities have built their identities around timber, agriculture, and the rhythms of rural life. Quitman, the county seat, is the commercial and governmental center for a county of roughly 15,500 residents — a market large enough to sustain a meaningful rental housing inventory, but compact enough that landlords often know their tenants personally and courthouse proceedings feel less anonymous than in larger jurisdictions. For property owners operating here, Mississippi law is straightforwardly favorable, and Clarke County adds no local complications to the equation.
Clarke County’s Rental Market at a Glance
Clarke County’s rental market is driven primarily by local employment, commuter demand from workers who access the larger Meridian labor market while living in Clarke County’s more affordable communities, and a stable base of long-term residents who prefer renting to the responsibilities of homeownership. Quitman itself, with a population of about 3,800, accounts for the bulk of the county’s rental activity. Enterprise, Stonewall, and Shubuta are smaller communities that each have a handful of rental properties — mostly single-family homes and mobile homes — catering to local workers and agricultural employees.
Rents in Clarke County range from approximately $575 to $875 per month for single-family homes, with mobile homes and smaller units available in the $400 to $575 range. These prices reflect a market where affordability is the dominant consideration — median household income in Clarke County is well below the Mississippi state average, which is itself among the lowest in the nation. Landlords should price properties realistically relative to local income levels: overpriced units in a thin market sit vacant, and prolonged vacancy at Piney Woods rent levels is a significant drag on returns.
The county’s primary employers include Quitman School District, Clarke County government, healthcare providers, timber and wood products operations (including logging contractors and a handful of wood processing facilities), and agriculture. The timber industry, while providing meaningful employment, is subject to cyclical fluctuations tied to lumber prices and regional timber supply — a factor that landlords should weigh when screening tenants employed in the sector. Meridian, located roughly 30 miles to the northwest in Lauderdale County, provides a larger employment base accessible to Clarke County residents willing to commute, and tenants employed in Meridian’s healthcare, manufacturing, and retail sectors tend to have more stable income than those dependent solely on Clarke County’s limited local economy.
The Legal Framework: Mississippi Landlord-Tenant Law
Every residential tenancy in Clarke County is governed by Mississippi’s Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 through 89-8-29, provided the tenancy was entered into on or after July 1, 1991. Mississippi is one of the most landlord-favorable states in the country — a characterization that reflects the absence of rent control, the absence of just-cause eviction requirements, no source of income protection, and one of the fastest mandatory eviction timelines in the Southeast. Clarke County has no County Court and no local ordinances that modify or supplement these state-level rules, which means the legal environment here is as clean and uncomplicated as it gets in Mississippi.
Under the Act, the landlord’s obligations include maintaining the rental unit in a fit and habitable condition (§ 89-8-23), complying with applicable building and housing codes, keeping common areas safe and clean, ensuring all electrical, plumbing, heating, and cooling systems are in good working order, and making repairs within a reasonable time after receiving written notice from the tenant. These obligations cannot be contracted away — a lease clause purporting to shift these duties to the tenant is unenforceable under Mississippi law. In Clarke County, where a portion of the rental stock consists of older homes and mobile homes, the habitability obligation has practical teeth: aging roofs, failing HVAC systems, and outdated electrical panels are recurring issues that landlords must address promptly or face habitability defenses in eviction proceedings.
Eviction in Clarke County: Step by Step
Mississippi’s eviction statute, Miss. Code Ann. §§ 89-7-27 through 89-7-49, governs the process from first notice to writ of possession. The framework is fast by design — the legislature has capped the total eviction timeline at 45 days from the date of filing, making Mississippi’s process one of the quickest in the country. In Clarke County, where Justice Court is the only available venue, the practical timeline from filing to possession is typically three to four weeks for uncontested cases.
For a nonpayment eviction, the process begins with a written 3-Day Notice to Pay or Vacate under § 89-7-27. The notice must identify the property, state the exact amount of rent and fees owed, and demand payment or surrender of possession within three days. Service may be made by personal delivery to the tenant, by posting the notice in a conspicuous place on the premises, or — if the tenant has previously agreed in writing — electronically by email or text. Document service carefully: retain a photograph of any posted notice, note the date and time of personal delivery in writing, or keep a copy of any electronic transmission.
If the tenant neither pays nor vacates within three days, file a sworn affidavit with the Clarke County Justice Court at 101 S. Archusa Ave. in Quitman. The affidavit must describe the rental premises, state the amount owed, and confirm that proper notice was served and the notice period has run. The court will issue a summons and set a hearing within three to five business days. If the landlord prevails, the Justice Court issues a writ of possession executed by the Clarke County Sheriff. The tenant may cure at any point before the writ is physically executed by tendering all rent, fees, and court costs under § 89-7-45.
For other lease violations — unauthorized pets, property damage, excessive noise, subletting without permission — the landlord must serve a 14-Day Notice to Cure or Vacate under § 89-8-13, giving the tenant 14 days to correct the problem before an eviction filing is permitted. To terminate a month-to-month tenancy without cause, a 30-Day Written Notice to Vacate is required under § 89-8-19. Mississippi law does not require the landlord to provide a reason for terminating a month-to-month tenancy — the 30-day notice is the only requirement.
Security Deposits: Protecting Your Investment
Mississippi law imposes no cap on security deposit amounts, and Clarke County has no local ordinance restricting deposits. At prevailing Clarke County rents, a deposit equal to one month’s rent is the typical market standard. For tenants with limited rental history, poor credit, pets, or other risk factors, a higher deposit is legally permissible and provides meaningful additional protection against property damage and unpaid rent at move-out.
The deposit must be returned — along with an itemized written accounting of any deductions — within 45 days after three conditions are all satisfied: the tenancy has ended, the tenant has delivered possession of the premises, and the tenant has made a written demand for return of the deposit. The 45-day clock does not start until all three conditions are met. This is a meaningful protection for landlords: if a tenant vacates without making a written demand, the 45-day window has not yet opened. Wrongful withholding of a deposit, however, exposes the landlord to $200 in statutory damages plus actual damages under § 89-8-21 — a modest penalty compared to other states, but an avoidable one.
Good documentation is the foundation of defensible deposit deductions. Conduct a thorough move-in inspection with the tenant present, document every room’s condition in writing and with photographs, have the tenant sign the move-in checklist, and retain a copy. Repeat the process at move-out. Deductions are permissible for actual damage beyond normal wear and tear, unpaid rent, cleaning costs if the unit was left substantially dirtier than at move-in, and lease-permitted charges. Normal wear and tear — minor scuffs on walls, carpet compression from furniture, small nail holes — is not deductible. When in doubt, err toward returning the deposit rather than risking a statutory damages claim.
This guide is for general informational purposes only and does not constitute legal advice. Landlord-tenant law is subject to change. Consult a licensed Mississippi attorney or contact the Clarke County Justice Court for guidance specific to your situation. Last updated: March 2026.
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