Tenant Rights in Mississippi: Leases, Repairs and Deposits
Search for renters' rights and you will find long lists of protections. Many of them do not exist in Mississippi. Tenant rights in Mississippi come from the state's own statute, and it differs from the model law that many other states adopted.
This post explains what Mississippi law does provide, in plain language for renters and landlords. It is legal information for learning purposes, not legal advice about your lease.
Does Mississippi follow the uniform landlord and tenant act?
No. Mississippi did not adopt the Uniform Residential Landlord and Tenant Act. It has its own Residential Landlord and Tenant Act in Title 89, Chapter 8 of the Mississippi Code.
That is why national articles can mislead. The guide explains how the Mississippi Act differs and which commonly assumed protections are not part of it.
Does the Act apply to your rental?
The Act applies to rental agreements for a dwelling unit entered into after July 1, 1991. Section 89-8-3 also lists kinds of occupancy that fall outside it.
The guide explains who is covered, who is not, and which court hears a dispute. The Act defines court as a justice court, a county court or a circuit court.
Lease terms Mississippi will not enforce
A lease cannot sign away the Act. Under § 89-8-5, a landlord and tenant may not agree to waive the rights, duties or remedies the chapter provides. Section 89-8-9 adds a duty of good faith.
The guide explains what those rules mean for common lease clauses and for a landlord's house rules under § 89-8-11.
Rights that cannot be waived
The duty of good faith
House rules and when they are enforceable
The tenant's duties under § 89-8-25
Does a Mississippi landlord have to make repairs?
Yes. Section 89-8-23 sets the landlord's duty to maintain the premises, and it is the starting point for a broken heater, a leaking roof or a code violation.
Mississippi also has a repair and deduct remedy in § 89-8-15, which begins with written notice to the landlord of a specific and material defect. The guide explains the steps and the limits.
Security deposits and ending a tenancy
Mississippi has no statutory cap on the amount of a security deposit. Section 89-8-21 covers how a deposit is held, claimed against and returned.
The guide also explains notice of a breach and the fourteen-day cure period in § 89-8-13, how a tenancy ends, and what happens when a tenant stays after the lease is over.
Deposits under § 89-8-21
Notice of breach and the cure period
Ending a tenancy
Holding over
Frequently asked questions
Did Mississippi adopt the Uniform Residential Landlord and Tenant Act?
No. Mississippi has its own Residential Landlord and Tenant Act, and the guide explains how it differs.
Does a Mississippi landlord have to make repairs?
The guide explains the landlord's duty to maintain the premises under § 89-8-23 and the repair and deduct remedy in § 89-8-15.
Is there a limit on security deposits in Mississippi?
No statute caps the amount. Section 89-8-21 governs how a deposit is held and returned, and the guide explains the rules.
Get the full guide
Get Landlord and Tenant Rights in Mississippi from STACKED LEGAL to learn what the Mississippi Act requires of landlords and tenants before a dispute starts. It is available in paperback and eBook. Read Landlord and Tenant Rights in Mississippi.
Related guides
Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Mississippi attorney.
