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Mississippi Residential Lease Agreement

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Mississippi security deposit rules

Mississippi security deposit
Security deposit limit
No limit
Deposit return deadline
45 days
Security deposit: Reviewed · Miss. Code Ann. § 89-8-21

General-purpose template. Set up for Mississippi from our state data, with limited Mississippi-specific provisions; they have not yet been reviewed by us.

State summary

Security deposit limit: No statutory limit. Return deadline: 45 days. Month-to-month notice: 30 days (Miss. Code Ann. §89-8-19(3)); conditions apply, see below.

Nearby state leases

Mississippi landlord-tenant rules, with sources

Each rule comes from a record LeaseCraft read at the official source and is followed by its citation; it is general information, not legal advice.

Security deposits in Mississippi

Deposit limit, return and deductions
  • No statewide deposit limit. The landlord must return the deposit, with a written itemized notice of any amounts kept, within 45 days after the tenancy ends, possession is delivered and the tenant asks for it. Bad-faith retention can cost up to $200 plus actual damages (Miss. Code Ann. § 89-8-21).

Reviewed · Miss. Code Ann. § 89-8-21

Interest on the deposit: No statewide requirement

Reviewed · Miss. Code Ann. § 89-8-21

Ending a tenancy in Mississippi

Notice to end a month-to-month tenancy: 30 days
  • Written notice given to the other party at least 30 days prior to the termination date.

Quoted from the source: “may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date”

Exceptions:

  • No notice required where a party committed a substantial violation materially affecting health or safety (§89-8-19(4)).

Reviewed · Miss. Code Ann. §89-8-19(3)

Notice to end a week-to-week tenancy: 7 days
  • Written notice given to the other party at least 7 days prior to the termination date.

Quoted from the source: “may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date”

Reviewed · Miss. Code Ann. §89-8-19(2)

A tenant who stays after the tenancy ends: 3 days
  • After a fixed-term agreement expires, landlord may give written (or agreed e-mail/text) notice that the tenant is holding over and that eviction proceedings will commence no earlier than 3 days after the notice.

Quoted from the source: “the landlord will commence eviction proceedings no earlier than three (3) days after such notice is provided”

Reviewed · Miss. Code Ann. §89-8-17

Just-cause requirement: No statewide requirement found
  • No statewide just-cause requirement; either party may end a periodic tenancy on the §89-8-19 notice without cause.

Quoted from the source: “For failing to vacate after the expiration of the rental agreement pursuant to Sections 89-8-17 and 89-8-19.”

Reviewed · Miss. Code Ann. §89-8-19; §89-8-31(b)

Rent, late fees and unpaid rent in Mississippi

Notice before filing for unpaid rent: 3 days
  • Notice in writing (or by e-mail/text message if the tenant agreed in writing to be so notified) specifying that the rental agreement will terminate if the rent is not paid within three (3) days.
  • Eviction proceedings under §89-8-31(a); a copy of the written notice must be filed with the complaint (§89-8-33).

Quoted from the source: “specifying the rental agreement will terminate if payment of such rent is not made within three (3) days”

Reviewed · Miss. Code Ann. §89-8-13(5)(a); §89-8-31; §89-8-33

Lease violations in Mississippi

Notice to fix a lease violation: 14 days
  • Written notice (or e-mail/text if agreed in writing) specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than 14 days after receipt of the notice if the breach is not remedied within a reasonable time not exceeding 14 days.
  • If the breach is remediable and the tenant adequately remedies it before the date specified, the agreement does not terminate.

Quoted from the source: “terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied”

Reviewed · Miss. Code Ann. §89-8-13(3)(a)

Notice that gives no chance to fix: 14 days
  • Repeat violation: if substantially the same act or omission that was the subject of a prior notice recurs within six (6) months, the landlord may terminate on at least 14 days' written notice specifying the breach and the termination date (no cure).
  • Substantial violation materially affecting health or safety: §89-8-19(4) says notice to terminate the tenancy is not required (0 days).

Quoted from the source: “recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days' notice in writing”

Reviewed · Miss. Code Ann. §89-8-13(3)(b); §89-8-19(4)

Serving a notice in Mississippi

How a notice may be delivered
  • Notice is 'delivered' in writing, or by e-mail or text message if the breaching party agreed in writing to be notified that way (§89-8-13(3), (5)); §89-8-19 requires 'written notice given to the other'; no statutory mailing/posting method is specified.

Quoted from the source: “in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message”

Reviewed · Miss. Code Ann. §89-8-13(3), (5); §89-8-19

Required form or wording
  • No statutory form found.
  • Notice must specify the acts/omissions constituting the breach and the termination date (§89-8-13(3)), or that the agreement terminates if rent is not paid within 3 days (§89-8-13(5)); a copy must be filed with the eviction complaint (§89-8-33).

Quoted from the source: “A copy of the written notice of breach delivered to the tenant pursuant to Section 89-8-13”

Reviewed · Miss. Code Ann. §89-8-13; §89-8-33

What's included

  • Property, rent, and term details
  • Maintenance and utility responsibilities
  • Signature blocks for all parties
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Frequently asked questions

  • Mississippi sets no statewide security deposit limit. The return deadline is 45 days. No statewide deposit limit. The landlord must return the deposit, with a written itemized notice of any amounts kept, within 45 days after the tenancy ends, possession is delivered and the tenant asks for it. Bad-faith retention can cost up to $200 plus actual damages (Miss. Code Ann. § 89-8-21).
  • 30 days. Written notice given to the other party at least 30 days prior to the termination date. Source: Miss. Code Ann. §89-8-19(3).
  • 3 days. Notice in writing (or by e-mail/text message if the tenant agreed in writing to be so notified) specifying that the rental agreement will terminate if the rent is not paid within three (3) days. Eviction proceedings under §89-8-31(a); a copy of the written notice must be filed with the complaint (§89-8-33). Source: Miss. Code Ann. §89-8-13(5)(a); §89-8-31; §89-8-33.
  • No statewide requirement found. No statewide just-cause requirement; either party may end a periodic tenancy on the §89-8-19 notice without cause. Source: Miss. Code Ann. §89-8-19; §89-8-31(b).
  • 14 days. Written notice (or e-mail/text if agreed in writing) specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than 14 days after receipt of the notice if the breach is not remedied within a reasonable time not exceeding 14 days. If the breach is remediable and the tenant adequately remedies it before the date specified, the agreement does not terminate. Source: Miss. Code Ann. §89-8-13(3)(a).
  • Notice is 'delivered' in writing, or by e-mail or text message if the breaching party agreed in writing to be notified that way (§89-8-13(3), (5)); §89-8-19 requires 'written notice given to the other'; no statutory mailing/posting method is specified. Source: Miss. Code Ann. §89-8-13(3), (5); §89-8-19.
  • When properly completed and signed, a lease may form a binding agreement. Enforceability depends on your facts, signatures, and applicable law; LeaseCraft does not guarantee legal results. LeaseCraft is not a law firm — verify unusual situations with qualified counsel.
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