Mississippi Landlord-Tenant Laws

Written itemized notice must be provided to tenant

• Landlord may deduct for: unpaid rent, tenant-caused damages (excluding normal wear and tear), cleaning costs, and other reasonable expenses from tenant's default
• Deductions must be reasonably necessary
• Normal wear and tear cannot be deducted
• Landlord must provide written, itemized notice of amounts claimed
• Tenant's claim to deposit takes priority over landlord's creditors

N/A

• Tenant's claim to security deposit has priority over landlord's creditors
• Landlord must act in good faith when handling deposits
• Improper retention requires both: (1) violation of statute AND (2) absence of good faith
• Tenant can recover actual damages plus up to $200 in additional damages
• Written itemized notice required for any claims against deposit

14 days' notice required; breach must be remedied within reasonable time not exceeding 14 days

• Notice must specify acts and omissions constituting the breach
• Notice must state termination date (minimum 14 days after receipt)
• Notice may be delivered in writing, by email, or text message (if agreed to in writing)
• Tenant has reasonable time up to 14 days to remedy the breach
• If breach is remedied before termination date, rental agreement continues
• +2 more requirements

• Landlord files sworn affidavit with court
• Court issues summons to tenant
• 3-5 days from date of summons for hearing
• Tenant may file affidavit denying facts
• Maximum 10 days per adjournment (total hearing cannot exceed 45 days from filing)
• If landlord prevails, court issues warrant for immediate removal

• Landlord files sworn affidavit describing premises, rent/late fees due, and notice given
• Court issues summons commanding tenant to show cause within 3-5 days
• Summons must warn tenant about personal property disposal
• Service by sheriff, constable, or marshal (or posting if tenant cannot be found)
• Tenant may file affidavit denying facts to contest eviction
• +2 more requirements

No 14-day notice required for nonpayment; proceed under § 89-7-27 (3-day notice)

• Nonpayment of rent is exempt from 14-day notice requirement
• Landlord may proceed directly under eviction statutes (§ 89-7-27)
• 3-day notice to pay or quit required under § 89-7-27
• Judge must abide by provisions of signed rental agreement
• Late fees may be included in amount due per rental agreement

Tenant must pay before warrant is issued; has 10 days to pay after stay

• Applies only to evictions based on nonpayment of rent
• Tenant can stop eviction by paying full rent, late fees, and court costs
• Payment must be made before removal warrant is issued
• Must pay: (1) full rent due, (2) all late fees per rental agreement, and (3) court costs
• After payment, tenant has 10 additional days to complete payment
• +1 more requirements

7 days' written notice required

• Applies to tenants who pay rent weekly
• Either landlord or tenant may terminate
• 7 days' written notice required
• Notice must be given at least 7 days before termination date
• Exception: No notice required if substantial health/safety violation occurs

Double rent begins immediately upon failure to vacate after proper notice

• Tenant holds over after receiving proper notice to quit
• OR tenant gives notice to quit but fails to vacate at specified time
• Tenant must pay double the normal rent
• Double rent continues for entire holdover period
• Landlord may sue to recover double rent
• +1 more requirements

At all times during tenancy

• Landlord must comply with building and housing codes affecting health and safety
• Maintain dwelling unit, plumbing, and HVAC in substantially same condition as at lease inception
• Reasonable wear and tear is excluded
• No duty if damage caused by tenant's deliberate or negligent actions
• No duty if defect caused by tenant's failure to comply with tenant duties
• +1 more requirements

Throughout tenancy

• Keep occupied areas clean and safe
• Properly dispose of trash, garbage, and waste per community standards
• Keep plumbing fixtures clean
• Use all facilities and appliances reasonably (electric, plumbing, HVAC, elevators, etc.)
• Not deliberately or negligently damage premises
• +5 more requirements

Per rental agreement

• Late fees are considered part of 'rent' under Mississippi law
• Late fees must be specified in rental agreement
• Late fees are enforceable if required by rental agreement
• Late fees can be included in eviction proceedings for nonpayment
• Late fees recoverable as part of security deposit claims
• +1 more requirements

N/A

• Landlord and tenant cannot waive rights, duties, or remedies under the Act (except as specifically allowed)
• Prohibited provisions include: confession of judgment clauses, and exculpation/limitation of landlord's liability for willful misconduct
• Applies to both oral and written rental agreements
• Waiver of Derrick Beard Act (death termination) rights is void and unenforceable
• Good faith required in all obligations under the Act

Affidavit must be filed at or before time appointed in summons

• Tenant may file affidavit denying facts in landlord's sworn affidavit
• Must file at or before hearing date specified in summons
• Contested matters will be tried by the magistrate
• Tenant has right to hearing before eviction
• Can appeal to circuit court within 30 days after possession delivered