Mississippi Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Mississippi, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Mississippi. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Mississippi |
|---|---|
| Where these laws apply | Mississippi's Residential Landlord and Tenant Act (Title 89, Chapter 8) applies to rental agreements entered into after July 1, 1991, wherever made, for a dwelling unit located in Mississippi. It does not govern residence at an institution incidental to detention or medical, geriatric, educational, counseling, religious or similar services; occupancy by a buyer under a contract of sale; occupancy by a member of a fraternal or social organization; transient occupancy in a hotel, motel or lodgings; occupancy by a condominium unit owner or a cooperative's proprietary-lease holder; or premises used primarily for agricultural purposes, or rented below fair rental value to an occupant doing agricultural labor for the owner. As amended in 2025, the chapter gives no rights to a person who trespasses or otherwise enters or remains on another's property without the landlord's knowledge or permission. Miss. Code Ann. § 89-8-3 (as amended by 2025 HB 1200, § 3, and 2025 SB 2328, § 3) |
| Security deposit limit | No limit in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision) |
| Where deposits are held | The landlord holds the deposit for the tenant, and the tenant's claim to it comes before the claims of the landlord's creditors. No escrow, separate-account or bank requirement in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Miss. Code Ann. § 89-8-21(2) |
| Returning the deposit | The rest of the deposit must be returned no later than 45 days after the tenancy ends, possession is delivered and the tenant demands it. Any amount the landlord claims must be itemized in a written notice. Keeping a deposit in violation of § 89-8-21 and without good faith may make the landlord liable for up to $200 in damages plus actual damages. Miss. Code Ann. § 89-8-21(3), (4) |
| Deposit deductions | By written notice, the landlord may claim only amounts reasonably necessary to cover unpaid rent, repair damage caused by the tenant (ordinary wear and tear excepted), clean the unit when the tenancy ends, or pay other reasonable and necessary expenses caused by the tenant's default, if the deposit was made for those purposes. Miss. Code Ann. § 89-8-21(3) |
| Interest on deposits | Not required by Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision) |
| Landlord entry notice | No notice period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision) |
| Notice to end a month-to-month lease | Either side may end a month-to-month tenancy by written notice given at least 30 days before the termination date, and a week-to-week tenancy by written notice given at least 7 days before it. Unless the rental agreement fixes a definite term, the tenancy is week to week for a tenant who pays weekly rent and month to month in all other cases. No notice is required when the landlord or tenant has committed a substantial violation of the rental agreement or the chapter that materially affects health or safety. Miss. Code Ann. § 89-8-19 |
| Rent-increase notice | No notice period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. After a rental agreement expires, the landlord may demand a rent increase if the landlord's action did not have the dominant purpose of retaliating against the tenant for actions the chapter authorizes, and the landlord received written notice of each condition those actions concerned. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision); Miss. Code Ann. § 89-8-17(2) |
| Late fees | No limit or grace period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Under the chapter, rent includes any late fees the rental agreement requires a defaulting tenant to pay. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision); Miss. Code Ann. § 89-8-7(1)(k) |
| Notice for unpaid rent | If the tenant does not pay rent, the landlord may deliver a written notice (or an email or text message, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. Miss. Code Ann. § 89-8-13(5)(a) |
| Rent control | Not authorized by the city and county home-rule laws without prior legislative approval. Those laws do not let a city or county, without prior legislative approval and unless another statute specifically authorizes it, regulate directly or indirectly the rent charged for private residential property in which it has no property interest. Miss. Code Ann. §§ 21-17-5(2)(h), 19-3-40(3)(g) |
| Required landlord disclosures | Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Apart from the recreational vehicle park rule below, no protected classes for renting a dwelling in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Under a 2025 law (SB 2328), a recreational vehicle park that refuses accommodations, service or access to a person for the conduct the law lists (such as intoxication, disturbing other guests, not paying rent as agreed, or illegal or disorderly conduct) may not base that refusal on race, color, national origin, sex, physical disability or creed. For housing developments and loans under the Mississippi Home Corporation Act: no discrimination because of race, religious principles, color, sex, national origin, ancestry or handicap. In housing projects assisted under that Act, no discrimination because of age or against families with children, except in projects restricted to persons 62 or older. Miss. Code Ann. Title 89, Chs. 7 and 8; 2025 SB 2328 and HB 1200 (no provision); 2025 Miss. Laws SB 2328, § 5; Miss. Code Ann. § 43-33-723 Federal law: Federal law bars refusing to rent, or otherwise making a dwelling unavailable, because of race, color, religion, sex, familial status or national origin, and bars discrimination in rental because of a handicap. 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Mississippi listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Mississippi?
No limit in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. See the source in the table above.
How long does a Mississippi landlord have to return a security deposit?
The rest of the deposit must be returned no later than 45 days after the tenancy ends, possession is delivered and the tenant demands it. Any amount the landlord claims must be itemized in a written notice. Keeping a deposit in violation of § 89-8-21 and without good faith may make the landlord liable for up to $200 in damages plus actual damages. See the source in the table above.
How much notice must a Mississippi landlord give before entering?
No notice period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. See the source in the table above.
How much notice ends a month-to-month lease in Mississippi?
Either side may end a month-to-month tenancy by written notice given at least 30 days before the termination date, and a week-to-week tenancy by written notice given at least 7 days before it. Unless the rental agreement fixes a definite term, the tenancy is week to week for a tenant who pays weekly rent and month to month in all other cases. No notice is required when the landlord or tenant has committed a substantial violation of the rental agreement or the chapter that materially affects health or safety. See the source in the table above.
How much notice is required for a rent increase in Mississippi?
No notice period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. After a rental agreement expires, the landlord may demand a rent increase if the landlord's action did not have the dominant purpose of retaliating against the tenant for actions the chapter authorizes, and the landlord received written notice of each condition those actions concerned. See the source in the table above.
How much can a Mississippi landlord charge for late rent?
No limit or grace period in Mississippi Code Title 89, Chapters 7 and 8 and the 2025 acts amending Chapter 8. Under the chapter, rent includes any late fees the rental agreement requires a defaulting tenant to pay. See the source in the table above.
How much notice must a Mississippi landlord give when rent is unpaid?
If the tenant does not pay rent, the landlord may deliver a written notice (or an email or text message, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. See the source in the table above.
Does Mississippi have rent control?
Not authorized by the city and county home-rule laws without prior legislative approval. Those laws do not let a city or county, without prior legislative approval and unless another statute specifically authorizes it, regulate directly or indirectly the rent charged for private residential property in which it has no property interest. See the source in the table above.
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