All Laws Decoded

Mississippi Landlord-Tenant Law

The rules for renting in Mississippi — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.

Quick answers for Mississippi

Security deposit limit
No statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount. Miss. Code Ann. § 89-8-21
Deposit return deadline
Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. Miss. Code Ann. § 89-8-21(3)
Notice for unpaid rent
3 days. The landlord may give written notice (or email/text, 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)
Ending a month-to-month lease
30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases. Miss. Code Ann. § 89-8-19(1)–(3)
Landlord entry notice
No statute. The Residential Landlord and Tenant Act has no provision on landlord entry or advance notice before entry. Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no entry provision)
Rent control / increase limits
No rent control. State law bars cities and towns (§ 21-17-5(2)(h)) and counties (§ 19-3-40(3)(g)) from regulating, directly or indirectly, the rent charged for private residential property in which they have no property interest, unless the Legislature gives prior approval. Miss. Code Ann. § 21-17-5(2)(h); § 19-3-40(3)(g)

Last verified against official sources: 2026-10-23

Main law: Residential Landlord and Tenant Act, Miss. Code Ann. Title 89, Chapter 8 (§§ 89-8-1 to 89-8-45) — Miss. Code Ann. §§ 89-8-1 et seq.

Security Deposits in Mississippi

Security deposit limitNo statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount.
§ 89-8-21 has not been amended since 2022 (the 2025 amendments did not change it). Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Deposit return deadlineWithin 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return.
All three conditions (termination, delivery of possession, tenant demand) start the 45-day clock. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Itemized deductionsRequired. To keep any part of the deposit, the landlord must send the tenant a written notice itemizing each amount claimed. The landlord may keep only what is reasonably necessary for unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning at the end of the tenancy, or other reasonable and necessary expenses caused by the tenant's default.
Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Interest on depositsNot required. The statute has no interest requirement.
The statute says nothing about interest. It does say the deposit is held for the tenant, and the tenant's claim to it comes before the claims of the landlord's creditors (§ 89-8-21(2)). Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Penalty for withholdingIf a landlord keeps a deposit in violation of the statute and without good faith, the landlord can owe damages of up to $200 on top of any actual damages.
No multiple-of-deposit penalty and no attorney-fee provision appears in § 89-8-21. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

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Eviction in Mississippi

Notice for unpaid rent3 days. The landlord may give written notice (or email/text, 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.
Wording set by the 2022 SB 2461 (Laws 2022 ch. 501) and unchanged in the 2024 bring-forward text. Under § 89-8-13(5)(b), the judge in a nonpayment eviction must follow the terms of the signed rental agreement. The 3-day notice in § 89-7-27 now applies only to premises that are not dwelling units (nonresidential).
Notice for lease violations14 days to cure. The written notice must describe the breach and say the agreement will end on a date at least 14 days after the tenant receives it unless the breach is fixed within a reasonable time of no more than 14 days. If substantially the same breach happens again within 6 months, the agreement can be ended on at least 14 days' written notice with no chance to cure. No notice at all is required for a substantial violation that materially affects health or safety.
The same 14-day breach notice is available to a tenant against a landlord who fails to comply (§ 89-8-13(2)–(3)). Notice may go by email or text if the breaching party agreed in writing.
Lockouts & utility shutoffsThe Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution.
HB 1404 enrolled text: https://billstatus.ls.state.ms.us/documents/2026/pdf/HB/1400-1499/HB1404SG.pdf. Its approval date comes from the Legislature's 2026 all-measures list. No Mississippi statute was found that expressly prohibits lockouts. Some secondary sites attribute a ban to § 89-7-27, but the official text of § 89-7-27 contains no such ban, and since 2022 that section applies only to nonresidential premises.

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Notice to Vacate in Mississippi

Ending a month-to-month lease30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases.
Under § 89-8-19(4), no notice is required when either party commits a substantial violation that materially affects health or safety. A tenant holding over after a fixed-term lease ends can be told that eviction proceedings will start no earlier than 3 days after the notice (§ 89-8-17(2)).

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Landlord Entry in Mississippi

Landlord entry noticeNo statute. The Residential Landlord and Tenant Act has no provision on landlord entry or advance notice before entry.
No section of Chapter 89-8 addresses landlord entry or notice before entry; the landlord-duty (§ 89-8-23) and tenant-duty (§ 89-8-25) sections are silent. Entry is governed by the lease. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

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Repairs & Habitability in Mississippi

Repair and deductAllowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent.
Before repairing facilities shared with other units, the tenant must notify the other tenants (§ 89-8-15(3)). The remedy creates no lien on the property. A 2025 bill (HB 840) and a 2026 bill (HB 442) to revise this section both died in committee.
Withholding rentNo statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)).
Withholding rent is risky. The tenant must be current on rent to use repair-and-deduct, and a 3-day notice can follow any nonpayment. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Retaliation protectionVery limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on.
Every duty and condition precedent under the Act, including terminating or not renewing a tenancy, carries an obligation of good faith (§ 89-8-9). The wording of § 89-8-17(2) is awkward, so the plain-English summary is cautious. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

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Rent Increases & Late Fees in Mississippi

Rent control / increase limitsNo rent control. State law bars cities and towns (§ 21-17-5(2)(h)) and counties (§ 19-3-40(3)(g)) from regulating, directly or indirectly, the rent charged for private residential property in which they have no property interest, unless the Legislature gives prior approval.
County rule: https://codes.findlaw.com/ms/title-19-counties-and-county-officers/ms-code-sect-19-3-40.html. Neither section limits rent on commercial property. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).
Late feesNo statutory cap or grace period. The Residential Landlord and Tenant Act does not regulate late fees.
Chapter 89-8 sets no late-fee cap or grace period; the definition of 'rent' includes late fees required by the rental agreement (§ 89-8-7), and § 89-8-33 lets the eviction complaint list rent and any additional fees owed. A late-fee rule elsewhere in the Code was not ruled out. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

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Squatters & Abandoned Property in Mississippi

Squatters / unauthorized occupantsReal Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers.
Approval confirmed on the official bill history (https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1200.xml). Code section numbers for the new act and the session-law chapter number were not identified. The text used is the 'As Sent to Governor' version. News reports from May 2026 describe confusion over whether police or the sheriff handles a given property.
Belongings left behindThe summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants.
No statute was found for property left after a voluntary move-out without a court case.

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Mold, Pests, Heat & AC in Mississippi

MoldNo statute — Mississippi has no mold disclosure or remediation law. The landlord's general statutory duty applies: comply with building and housing codes that materially affect health and safety, and maintain the unit and its plumbing, heating and cooling systems in substantially the same condition as at the start of the lease, reasonable wear and tear excluded. There is no duty for defects caused by the tenant's deliberate or negligent acts. Tenants must tell the landlord about conditions that may cause damage.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Any local housing codes adopted by cities set more specific standards.
Pests & bed bugsNo statute — no state law assigns pest or bed bug treatment or requires disclosure. Pests are governed by the general duty to comply with health and safety housing codes and maintain the premises, and by the lease. Tenants must keep their part of the premises clean and safe and dispose of garbage properly.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025).
HeatNo minimum temperature or heating season is set by state law. A landlord must maintain the heating system in substantially the same condition as at the start of the lease, reasonable wear and tear excluded, unless the tenant's deliberate or negligent actions damaged it, and must comply with applicable housing codes. The lease decides whether a heating system is provided at all.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Landlord and tenant may agree in writing, in good faith, for the tenant to take on these duties (§ 89-8-23(3)).
Air conditioningNo statute requires landlords to provide air conditioning or sets a maximum indoor temperature. But if the unit has a cooling system, the landlord must maintain it in substantially the same condition as at the start of the lease, reasonable wear and tear excluded, unless the tenant damaged it deliberately or negligently.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Tenants must use air conditioning and other facilities in a reasonable manner (§ 89-8-25(d)).

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Privacy, Guests & Animals in Mississippi

Cameras & privacyNo landlord-specific statute. It is a felony to photograph, film, videotape or record someone's image with lewd, licentious or indecent intent, without permission, where they would be undressed and reasonably expect privacy, including private dwellings, bathrooms and bedrooms. The penalty for an adult is up to 5 years and/or a $5,000 fine. Recording conversations is lawful if the recorder is a party or one party consents, unless done to commit a crime or tort.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). § 41-29-531: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-531/. The landlord-tenant act has no landlord-entry provision.
Guests & occupantsNo statute — the lease governs guests, occupancy limits and roommates. The tenant must make guests on the premises behave so as not to disturb neighbors, and must not knowingly let others damage the premises.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025).
Service & support animals (state law)A blind, mobility-impaired or hearing-impaired person, or a veteran diagnosed with PTSD, who uses a specially trained support animal is entitled to full and equal access to public conveyances, hotels, lodging places and other public accommodations. No fee or charge may be imposed for the animal. The statute does not expressly cover private rental housing. No state statute sets documentation rules or a misrepresentation penalty for assistance animals in housing. The federal Fair Housing Act governs, including reasonable accommodation for emotional support animals and no pet fees.
Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025).

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How eviction works in Mississippi

Eviction cases are heard in: Justice court, county court, or circuit court ('Court' is defined in § 89-8-7(1)(b)). Most residential evictions are filed in justice court..

  1. Notice: a 3-day pay-or-terminate notice for nonpayment (§ 89-8-13(5)); a 14-day breach notice (§ 89-8-13(3)); a 30-day or 7-day termination notice for periodic tenancies (§ 89-8-19); or a 3-day holdover notice after a lease expires (§ 89-8-17(2)).
  2. File a sworn affidavit or complaint stating the facts, the unit address, and any rent or fees owed, with a copy of the breach or termination notice attached (§ 89-8-33).
  3. A summons is served under the Mississippi Rules of Court. It orders the tenant to vacate or appear and show cause on a named hearing date, and it must include the statutory tenant-rights notice (§ 89-8-35).
  4. Hearing: a default judgment is entered if the tenant fails to appear. Judgment is also entered for the landlord if the tenant presents no valid defense or counterclaim. Judgments are signed and executed the same business day (§ 89-8-37).
  5. Judgment of possession: the judge orders the tenant out within 7 days of the judgment, unless emergency or compelling circumstances justify a shorter or longer period. In nonpayment-only cases, a tenant who pays all sums awarded by the move-out date keeps the tenancy (§ 89-8-39(1), (4)).
  6. After the move-out date, the landlord requests a warrant for removal, which is issued to the sheriff or a constable. Law enforcement must physically remove the occupants; posting the warrant is not enough (§ 89-8-39(2), as amended 2025).
  7. The tenant gets reasonable access for 72 hours after removal to retrieve property. After that, the landlord may move the remaining property to the curb or another designated spot (§ 89-8-39(3)).
  8. Appeals follow the applicable Mississippi Rules of Court (§ 89-8-43).

The summons sets a hearing date. The statute requires no written answer. A single adjournment may not exceed 10 days without both parties' consent, and adjournments may not extend the hearing beyond 30 days from the date the eviction was filed (§ 89-8-41).

Source: Miss. Code Ann. §§ 89-8-31 to 89-8-45 (added by Laws 2022, ch. 501 (SB 2461); §§ 89-8-3, 89-8-31, 89-8-35, and 89-8-39 amended by Laws 2025, ch. 460 (SB 2328), effective on passage, approved April 10, 2025)

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Federal law that also applies in Mississippi

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For landlords

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Common Mississippi questions

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How Mississippi compares to neighboring states

Mississippi vs. neighboring states
StateSecurity deposit limitDeposit return deadlineNotice for unpaid rent
MississippiNo statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount.
Miss. Code Ann. § 89-8-21
Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return.
Miss. Code Ann. § 89-8-21(3)
3 days. The landlord may give written notice (or email/text, 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)
AlabamaOne month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises.
Ala. Code § 35-9A-201(a)
Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given.
Ala. Code § 35-9A-201(b)-(e)
Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days.
Ala. Code § 35-9A-421(b)
ArkansasTwo months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings.
Ark. Code Ann. §§ 18-16-303, 18-16-304
Within 60 days after the tenant moves out.
Ark. Code Ann. § 18-16-305
For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing.
Ark. Code Ann. § 18-60-304
LouisianaNo statutory cap
La. R.S. 9:3251-3254
Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date.
La. R.S. 9:3251(A), as amended by Acts 2026, No. 63 (HB 292), eff. Aug. 1, 2026
Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do.
La. C.C.P. arts. 4701, 5059(C)(3); La. R.S. 1:55(E); La. C.C. art. 2704
TennesseeNo statutory cap on the amount of a security deposit.
T.C.A. 66-28-301
No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it.
T.C.A. 66-28-301(b)(1)(A), (f)
14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice.
T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a)

Mississippi landlord-tenant FAQ

How much can a landlord charge for a security deposit in Mississippi?
No statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount. (Miss. Code Ann. § 89-8-21)
How long does a landlord have to return a security deposit in Mississippi?
Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. (Miss. Code Ann. § 89-8-21(3))
Does a landlord have to pay interest on a security deposit in Mississippi?
Not required. The statute has no interest requirement. (Miss. Code Ann. § 89-8-21)
Does a landlord in Mississippi have to give an itemized list of deposit deductions?
Required. To keep any part of the deposit, the landlord must send the tenant a written notice itemizing each amount claimed. The landlord may keep only what is reasonably necessary for unpaid rent, damage the tenant caused beyond ordinary wear and tear, cleaning at the end of the tenancy, or other reasonable and necessary expenses caused by the tenant's default. (Miss. Code Ann. § 89-8-21(3))
What happens if a landlord in Mississippi wrongfully keeps a security deposit?
If a landlord keeps a deposit in violation of the statute and without good faith, the landlord can owe damages of up to $200 on top of any actual damages. (Miss. Code Ann. § 89-8-21(4))
How much notice does a landlord have to give before evicting for unpaid rent in Mississippi?
3 days. The landlord may give written notice (or email/text, 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))
How much notice is required to evict for a lease violation in Mississippi?
14 days to cure. The written notice must describe the breach and say the agreement will end on a date at least 14 days after the tenant receives it unless the breach is fixed within a reasonable time of no more than 14 days. If substantially the same breach happens again within 6 months, the agreement can be ended on at least 14 days' written notice with no chance to cure. No notice at all is required for a substantial violation that materially affects health or safety. (Miss. Code Ann. §§ 89-8-13(3), 89-8-19(4))
How much notice is needed to end a month-to-month lease in Mississippi?
30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases. (Miss. Code Ann. § 89-8-19(1)–(3))
Can a landlord enter without notice in Mississippi?
No statute. The Residential Landlord and Tenant Act has no provision on landlord entry or advance notice before entry. (Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no entry provision))
Is there a limit on late fees in Mississippi?
No statutory cap or grace period. The Residential Landlord and Tenant Act does not regulate late fees. (Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no late-fee provision))
Can a tenant repair and deduct from rent in Mississippi?
Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. (Miss. Code Ann. § 89-8-15)
Can a tenant withhold rent for repairs in Mississippi?
No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). (Miss. Code Ann. §§ 89-8-13, 89-8-15)
Can a landlord retaliate against a tenant for complaining in Mississippi?
Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. (Miss. Code Ann. § 89-8-17(2))
Is there rent control or a limit on rent increases in Mississippi?
No rent control. State law bars cities and towns (§ 21-17-5(2)(h)) and counties (§ 19-3-40(3)(g)) from regulating, directly or indirectly, the rent charged for private residential property in which they have no property interest, unless the Legislature gives prior approval. (Miss. Code Ann. § 21-17-5(2)(h); § 19-3-40(3)(g))
Can a landlord change the locks or shut off utilities in Mississippi?
The Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution. (Miss. Code Ann. §§ 89-8-31, 89-8-39(2) (as amended by Laws 2025, ch. 460); 2026 HB 1404 (Code section not yet assigned in the sources reviewed))
What is the small claims court limit in Mississippi for a deposit dispute?
$3,500. Justice court has jurisdiction over suits for debts, damages, or personal property where the amount does not exceed $3,500. (Miss. Code Ann. § 9-11-9)
How do you remove a squatter in Mississippi?
Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. (2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended))
What can a landlord do with a tenant's abandoned property in Mississippi?
The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. (Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6))
What does a Mississippi notice to pay rent or quit have to include?
Written notice stating that the rental agreement will end if rent is not paid within 3 days. The 14-day breach notice is not required for nonpayment. Delivery: in writing, or by email or text message if the tenant agreed in writing to be notified that way. The eviction affidavit or complaint must attach a copy of the notice and state the facts, the address, and the rent and fees owed. At the hearing, the judge must follow the signed rental agreement. (Miss. Code Ann. §§ 89-8-13(5), 89-8-33)
What does a Mississippi notice to end a month-to-month tenancy have to include?
Month-to-month: written notice at least 30 days before the termination date. Week-to-week: at least 7 days. A tenancy is week-to-week if rent is paid weekly, otherwise month-to-month, unless the agreement fixes a term. No notice is required for a substantial violation that materially affects health or safety. For a fixed-term lease that has expired, the landlord may give written (or agreed email or text) notice that the tenant is holding over and that eviction will be filed no earlier than 3 days later. The eviction filing must attach the termination notice. (Miss. Code Ann. §§ 89-8-19, 89-8-17(2), 89-8-33(b)(ii))
What must a Mississippi security deposit itemization include?
Written notice delivered to the tenant that itemizes the amounts claimed. Allowed deductions: unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning at move-out, or other reasonable costs from the tenant's default, if the deposit was taken for those purposes. The rest must be returned within 45 days after the tenancy ends, possession is delivered, and the tenant demands it. Bad-faith retention: up to $200 plus actual damages. (Miss. Code Ann. § 89-8-21(3)-(4))
How long does a landlord have to sue for unpaid rent in Mississippi?
3 years for both written and oral leases. Unwritten contracts are expressly 3 years. Written contracts fall under the general 3-year catch-all for actions with no other limit. (Miss. Code Ann. § 15-1-49(1); § 15-1-29)
Can a landlord accept rent during an eviction in Mississippi?
In a possession judgment based only on nonpayment, the judge may not issue a removal warrant if (i) the tenant paid all unpaid rent and other sums in the judgment by the court-ordered move-out date, or (ii) the landlord accepted payment of those amounts after that date. The landlord must, in good faith, accept full payment tendered by the move-out date. The eviction summons must tell tenants they don't have to move if they pay everything owed before the hearing or by the move-out date. No statute addresses accepting rent after a notice but before judgment. (Miss. Code Ann. § 89-8-39(4); § 89-8-35(2))
Can you be evicted in the winter in Mississippi?
No state statute limits evictions in winter or in cold weather. (Miss. Code Ann. §§ 89-8-31 to 89-8-41 (no seasonal limit))
Can a landlord give notice by text or email in Mississippi?
Landlord notices (3-day nonpayment, 14-day breach, 3-day holdover after the lease ends, and default notices for non-dwelling tenancies) must be in writing. They may be sent by email or text message only if the tenant has agreed in writing to that method. Month-to-month (30-day) and week-to-week (7-day) termination notices must be written. The eviction summons is served under the Mississippi Rules of Court. (Miss. Code Ann. § 89-8-13(3), (5)(a); § 89-8-17(2); § 89-8-19; § 89-7-27; § 89-8-35(3))
How much notice is required for a rent increase in Mississippi?
No statute sets a rent-increase notice period. After a fixed-term lease expires, the landlord may demand a rent increase unless its main purpose is retaliation for a tenant's protected actions. A month-to-month tenancy can be ended (and so changed) with 30 days' written notice, or 7 days for week-to-week. (Miss. Code Ann. § 89-8-17(2); § 89-8-19(2)-(3))
Does a landlord have to fix mold in Mississippi?
No statute — Mississippi has no mold disclosure or remediation law. The landlord's general statutory duty applies: comply with building and housing codes that materially affect health and safety, and maintain the unit and its plumbing, heating and cooling systems in substantially the same condition as at the start of the lease, reasonable wear and tear excluded. There is no duty for defects caused by the tenant's deliberate or negligent acts. Tenants must tell the landlord about conditions that may cause damage. (Miss. Code Ann. § 89-8-23; § 89-8-25(g))
Who pays for pest control and bed bugs in Mississippi?
No statute — no state law assigns pest or bed bug treatment or requires disclosure. Pests are governed by the general duty to comply with health and safety housing codes and maintain the premises, and by the lease. Tenants must keep their part of the premises clean and safe and dispose of garbage properly. (Miss. Code Ann. § 89-8-23(1); § 89-8-25(a)-(b))
Does a landlord have to provide heat in Mississippi?
No minimum temperature or heating season is set by state law. A landlord must maintain the heating system in substantially the same condition as at the start of the lease, reasonable wear and tear excluded, unless the tenant's deliberate or negligent actions damaged it, and must comply with applicable housing codes. The lease decides whether a heating system is provided at all. (Miss. Code Ann. § 89-8-23(1)(b))
Does a landlord have to provide air conditioning in Mississippi?
No statute requires landlords to provide air conditioning or sets a maximum indoor temperature. But if the unit has a cooling system, the landlord must maintain it in substantially the same condition as at the start of the lease, reasonable wear and tear excluded, unless the tenant damaged it deliberately or negligently. (Miss. Code Ann. § 89-8-23(1)(b))
What can a landlord deduct from a deposit for cleaning or damage in Mississippi?
Using a written, itemized notice, the landlord may claim from the deposit only amounts reasonably necessary to cover unpaid rent, to repair damage caused by the tenant 'exclusive of ordinary wear and tear,' to clean the premises at the end of the tenancy, or for other reasonable and necessary expenses from the tenant's default. These deductions are allowed only if the deposit was made for those purposes. Cleaning is expressly allowed. Wear and tear is not defined, and painting and carpet are not specifically addressed. (Miss. Code Ann. § 89-8-21(3))
Can a landlord put cameras in or around a rental in Mississippi?
No landlord-specific statute. It is a felony to photograph, film, videotape or record someone's image with lewd, licentious or indecent intent, without permission, where they would be undressed and reasonably expect privacy, including private dwellings, bathrooms and bedrooms. The penalty for an adult is up to 5 years and/or a $5,000 fine. Recording conversations is lawful if the recorder is a party or one party consents, unless done to commit a crime or tort. (Miss. Code Ann. § 97-29-63; § 41-29-531(e))
Can a landlord limit guests or roommates in Mississippi?
No statute — the lease governs guests, occupancy limits and roommates. The tenant must make guests on the premises behave so as not to disturb neighbors, and must not knowingly let others damage the premises. (Miss. Code Ann. § 89-8-25(e)-(f); §§ 89-8-1 to 89-8-45 (checked))
Can a landlord deny a service or emotional support animal in Mississippi?
A blind, mobility-impaired or hearing-impaired person, or a veteran diagnosed with PTSD, who uses a specially trained support animal is entitled to full and equal access to public conveyances, hotels, lodging places and other public accommodations. No fee or charge may be imposed for the animal. The statute does not expressly cover private rental housing. No state statute sets documentation rules or a misrepresentation penalty for assistance animals in housing. The federal Fair Housing Act governs, including reasonable accommodation for emotional support animals and no pet fees. (Miss. Code Ann. § 43-6-155)

Official resources for Mississippi

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.