Mississippi Rental Lease Agreement Templates (7)

1.) Lead-Based Paint Disclosure: Federal laws calls for landlords to dispense a standard disclosure packet regarding lead paint for buildings before 1978 (42 U.S. Code § 4852d).

Grace Period: Rent is due whenever the lease states as much according to Mississippi law (MS Bar Cur-RENT Laws for Tenants and Landlords).

Unpaid Rent: Landlords serve tenants a 3-day pay or quit notice in order to demand rent (MS Code § 89-8-13).

Mississippi does not regulate late fees; however, lets landlords and tenants agree to such in the lease (Attorney General Landlord-Tenant Relationship).

Landlords can exert their right to collect the check amount as well as:

• A $40 service charge for checks over $25; however, $30 for checks under $25
• Reasonable attorney fees whenever the courts decide appropriate (MS Code § 11-7-12).

Mississippi has no laws imposing a limit on security deposits and thus may require what the lease states (MS Code § 89-8-21).

Returning to Tenant: Mississippi explicitly sets a 45-day time limit on the landlord to return the security upon lease termination (MS Code § 89-8-21).

Itemized List: Landlords use the security to remedy tenant damages; however give “written notice” of these cost deductions (MS Code § 89-8-21).

Standard Entry: Landlords may not enter beyond allowable lease provisions and generally seek consent before entry (MS Bar Cur-RENT Laws for Tenants and Landlords).

Emergency Entry: Mississippi specifically approves landlords entering in emergencies, especially when property damage or safety is at stake (MS Bar Cur-RENT Laws for Tenants and Landlords).

Landlords facing tenant abandonment issue must have the constable investigate then issue an appropriate notice (MS Code § 89-7-49).

Tenants must issue a written 30-day notice to complete repairs; however, they must continue paying rent if the landlord refuses and follow procedure;

• Tenants may use up to one month’s rent to initiate the repair, then submit the invoices and receipts for reimbursement from landlords
• Tenants must use the court to seek reimbursement if the invoices remain open after 45 days (Miss. Code Ann. § 89-8-15(1)).

Duty to Mitigate: Mississippi does not hold landlords responsible to mitigate whenever tenants abandon the lease (MS Supreme Court NO. 2019-CT-01702-SCT).

Domestic Violence: Mississippi makes special exceptions for domestic violence victims since it allows them to terminate with or without notice so long as they have proof of danger (e.g., police report) (MS Code § 89-8-13),(House Bill 65).

Active Military: Federal law plainly gives military personnel the right to terminate a lease by notice in order to carry out their orders (50 USC 3955).

Landlord’s Noncompliance: Tenants experiencing landlord “material noncompliance” give written notice as well as the opportunity to cure within 14 days (MS Code § 89-8-13).

Landlord’s Harassment: Tenants terminate agreements whenever landlord harassment constitutes a material noncompliance and issue a 14-day notice to cure (MS Code § 89-8-13(3)).

Oral leases are legally enforceable “rental agreements”; however, only for one year (MS Code § 89-8-7, MS Code Ann. § 15-3-1(c)).

Mississippi may not generally impose rent control laws unless explicitly gaining authorization from the state (MS Code § 21-17-5).

Once courts grant a warrant of removal, landlords allow tenants 72 hours to remove property before disposing of it accordingly (MS Code § 89-8-39).

The laws governing common practice between an owner and tenant of a leased real estate are set forth within the contents of Mississippi Code Title 89, within Chapter 7 – Landlord and Tenant (§ 89-7-1 — 89-7-125) and Chapter 8 – Landlord and Tenant Act (§ 89-8-1 – 89-8-29).