Free Mississippi Lease Agreement Template

A Mississippi lease agreement is a written contract between a landlord and a tenant that sets the terms for renting a residential property, such as a house, apartment, or condo. It explains how much rent is due, when payments are made, how long the tenant can stay, and who is responsible for repairs and maintenance.

Residential leases in Mississippi must follow the Mississippi Residential Landlord and Tenant Act (MS Code Ann. Title 89, Ch. 8), which sets out core rights and responsibilities for both parties.

For leases longer than one year, the Mississippi Statute of Frauds requires the agreement to be in writing and signed to be enforceable (MS Code § 15-3-1). If your lease does not include specific start and end dates, state law generally treats it as a periodic tenancy based on how rent is paid, such as:

• Week-to-week, when rent is paid weekly
• Month-to-month, when rent is paid monthly

Mississippi has several key rules that affect how you structure a lease agreement. Important points include:

• Rent due date and grace period: Rent is due on the date stated in the lease. Mississippi does not require a grace period, so late fees can apply as soon as rent is overdue if allowed by the lease. There is no specific statute setting a default due date.
• Security deposit return: Landlords must return the tenant’s security deposit within 45 days after the lease ends (MS Code § 89-8-21).
• Security deposit withholding: If money is kept from the deposit, the landlord must provide an itemized list of deductions (MS Code § 89-8-21(3)).
• Notice to terminate month-to-month: Either party may end a month-to-month tenancy with at least 30 days’ written notice (MS Code § 89-8-19(3)).
• Eviction for non-payment: Landlords must give a 3-day written notice to pay or vacate before filing for eviction (MS Code § 89-7-27).
• Entry notice: Landlords must give reasonable notice before entering for non-emergency reasons, but no specific notice period is set in statute.
• Repairs and maintenance: Landlords must keep the property habitable and make necessary repairs under MS Code § 89-8-23.
• Tenant repair and deduct: Tenants may, in limited cases, pay for repairs and deduct the cost from rent if the landlord does not act within 30 days, up to one month’s rent (MS Code § 89-8-15(4)).
• Retaliation protection: Landlords cannot retaliate against tenants for requesting repairs or reporting violations (MS Code § 89-8-25(4)).

Document Genius’s guided form helps you include these key rules so your Mississippi lease agreement stays aligned with state law.

Mississippi allows landlords to collect a security deposit to cover unpaid rent or damage that goes beyond normal wear and tear. Your lease should clearly explain the deposit amount, when it is due, and how it may be used.

Maximum Amount

Mississippi law does not set a maximum limit on security deposits. Landlords often base the amount on monthly rent, the property’s condition, and the tenant’s rental history. To avoid confusion, include the exact deposit amount and refund conditions in the lease.

Holding Requirements

Landlords are not required to keep security deposits in a separate account or pay interest to tenants (MS Code § 89-8-21). However, keeping clear records of deposits received and returned is a good practice and can help resolve disputes at move-out.

Returning Deposits

After a tenancy ends, landlords must return the security deposit within 45 days. Deductions are limited to:

• Unpaid rent
• Repair costs for damage beyond normal wear and tear

If any amount is withheld, the landlord must provide an itemized list of deductions explaining how the final amount was calculated (MS Code § 89-8-21(3)).

Penalties for Non-compliance

If a landlord fails to return the deposit or provide a written explanation of deductions, the tenant may take legal action to recover the funds. In cases of bad-faith withholding, a court may award the tenant up to $200 in additional damages (MS Code § 89-8-21(4)).

Mississippi law gives landlords and tenants flexibility to set rent terms, but there are clear rules about due dates, increases, and what happens if rent is not paid.

Rent Due Dates and Grace Periods

Rent is due on the date stated in the lease. Mississippi does not require a grace period, so rent is late as soon as the due date passes if no grace period is written into the agreement. Your Mississippi lease agreement should clearly state when and how rent must be paid.

Late Fees and Rent Control

Mississippi has no statewide rent control. Landlords may raise rent at the end of a lease term, provided they give proper notice. For month-to-month tenancies, landlords must give at least 30 days’ written notice before increasing rent or ending the lease (MS Code § 89-8-19(3)).

Late fees are allowed if they are clearly described in the lease. The agreement should explain the amount of any late fee and when it applies.

Withholding Rent and Repair-and-Deduct

In most cases, tenants cannot simply stop paying rent, even if there are repair issues. However, underMS Code § 89-8-15, tenants may use a limited repair-and-deduct option when:

• The tenant sends the landlord a written notice describing a substantial repair affecting health, safety, or the lease terms.
• The landlord has 30 days to make the repairs.
• If the landlord does not act, the tenant may hire a qualified professional to complete the repair and deduct the cost from the next month’s rent.

The total deduction cannot exceed one month’s rent, and this remedy is generally limited to once every six months. It is only available when the tenant is current on rent and did not cause the damage.

Non-Payment and Eviction Notice

If a tenant fails to pay rent, the landlord may serve a three-day written notice to pay or vacate before filing for eviction in court (MS Code § 89-7-27). Your lease can mirror this rule so tenants understand the timeline and consequences of missed payments.

Mississippi law allows landlords to enter a rental unit for repairs, inspections, and showings, but tenants are protected from unreasonable or harassing entries.

Reasonable Notice

Under MS Code § 89-8-25, landlords may enter a unit for legitimate purposes such as maintenance or inspections. The statute does not set a specific notice period, but reasonable advance notice—often at least 24 hours—is commonly used. Entry should occur at a reasonable time of day and for valid reasons.

Emergency Access

Landlords may enter without prior notice in emergencies that threaten health, safety, or property, such as a fire, gas leak, or serious water damage.

Limits on Landlord Entry

Landlords may not use entry rights to harass or intimidate tenants. They also cannot perform “self-help” evictions, such as changing locks or removing belongings without a court order. Only a judge can authorize an eviction or removal.

Both landlords and tenants share responsibility for keeping a rental property in good condition. These rules apply to most Mississippi residential lease agreements, whether short- or long-term.

Landlord Responsibilities

Landlords must maintain the property in a safe and habitable condition under MS Code § 89-8-23. Their duties typically include:

• Following building and housing codes related to health and safety.
• Repairing essential systems such as heating, plumbing, and electrical.
• Keeping common areas clean, safe, and reasonably secure.

Landlords are expected to respond to repair requests within a reasonable time to reduce health and safety risks.

Tenant Responsibilities

Tenants also have maintenance duties under MS Code § 89-8-15. They must:

• Keep the rental unit clean and sanitary.
• Use appliances, plumbing, and electrical systems properly.
• Report needed repairs in writing as soon as possible.
• Avoid damaging the property or allowing guests to cause damage.

When a tenant causes damage, they are usually responsible for the cost of repairs or restoration.

Abandonment

Mississippi law does not set a specific timeframe for when a rental is considered abandoned. If a tenant stops paying rent and appears to have left, landlords generally must follow court procedures to regain possession and deal with any remaining belongings. Including clear lease terms about abandonment and property handling can help prevent disputes.

Lead-Based Paint Disclosure

For most residential properties built before 1978, federal law requires landlords to disclose known lead-based paint hazards (42 U.S.C. § 4852d). Landlords must:

• Provide a lead-based paint disclosure form.
• Share any known information about lead-based paint or hazards.
• Give tenants an EPA-approved pamphlet on lead-safe housing.

Move-In Inspection Checklist

While not required by statute, many landlords use a move-in inspection checklist to document the property’s condition before a tenant moves in. This helps both parties compare the condition at move-out and makes any security deposit deductions easier to explain.

Mississippi law outlines how and when a lease can end. Your Mississippi lease agreement should mirror these rules so everyone understands the process.

• Fixed-term leases: Typically end on the date stated in the lease, without requiring additional notice, unless the agreement says otherwise.
• Month-to-month tenancies: Either the landlord or tenant may end the tenancy with at least 30 days’ written notice (MS Code § 89-8-19(3)).
• Non-payment of rent: Landlords may serve a three-day notice to pay or vacate before starting eviction proceedings (MS Code § 89-7-27).
• Abandonment or early move-out: If a tenant leaves before the lease ends, they may still owe rent until the landlord regains possession and re-rents the unit, subject to court decisions and any mitigation duties.

Including clear notice rules, end-of-lease steps, and move-out expectations in your Mississippi lease agreement helps reduce conflicts when the tenancy ends.