Mississippi Residential Lease Agreement
A free Mississippi lease template, plus what Mississippi law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Terms Mississippi law requires or controls
| Written rules and regulations | Landlord rules about use and occupancy are enforceable only if they promote tenant convenience, safety or welfare, protect the property, or fairly distribute services; are reasonably related to that purpose; apply fairly to all tenants; are clear enough to tell tenants what to do; and are not used to evade the landlord's obligations. A rule adopted after the lease begins is enforceable only with reasonable notice and if it does not substantially modify the lease. Unless agreed otherwise, the unit may be used only as a residence. Applies to: all residential rental agreements covered by the Residential Landlord and Tenant Act Source: Miss. Code Ann. § 89-8-11 |
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| Shifting repair duties to tenant | The landlord and tenant may agree in writing that the tenant will perform some or all of the landlord's statutory duties (code compliance and maintaining the unit, plumbing and heating/cooling systems), but only if the agreement is made in good faith. Applies to: all residential rental agreements covered by the Act Source: Miss. Code Ann. § 89-8-23(3) |
| Security deposit held for tenant | Money deposited to secure performance of the lease is held for the tenant, and the tenant's claim to it has priority over the landlord's creditors. Deductions are limited to unpaid rent, damage beyond normal wear and tear, move-out cleaning, or other reasonable costs of the tenant's default, if the deposit was taken for those purposes. No statute caps the deposit amount. Applies to: all residential rental agreements covered by the Act Source: Miss. Code Ann. § 89-8-21(1)-(3) |
Clauses that are void in Mississippi
| Waiver of statutory rights | A rental agreement may not waive or forgo rights, duties or remedies under the Residential Landlord and Tenant Act, except where the Act itself allows it. Applies to: all residential rental agreements covered by the Act (agreements made after July 1, 1991) Source: Miss. Code Ann. § 89-8-5 |
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| Confession of judgment | A rental agreement may not authorize anyone to confess judgment on a claim arising from the lease. Applies to: all residential rental agreements covered by the Act Source: Miss. Code Ann. § 89-8-5 |
| Excusing willful misconduct | A rental agreement may not exculpate or limit the landlord's liability arising from the landlord's willful misconduct, or the related costs. Applies to: all residential rental agreements covered by the Act Source: Miss. Code Ann. § 89-8-5 |
Format and delivery rules
| Email or text notices | Notices of breach or of nonpayment may be sent by email or text message only if the receiving party has agreed in writing to be notified that way, so a lease that wants to allow electronic notices should include that written consent. Applies to: all residential rental agreements covered by the Act |
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| Good faith | Every duty under the Act, and every step needed to use a right or remedy (such as ending or not renewing a lease), must be performed in good faith. Applies to: all residential rental agreements covered by the Act Source: Miss. Code Ann. § 89-8-9 |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Mississippi law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Mississippi law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Mississippi law (Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no late-fee provision)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Mississippi law sets no maximum; Miss. Code Ann. § 89-8-21). Landlord will return it, minus lawful deductions with any required itemized list, within the time Mississippi law sets (Miss. Code Ann. § 89-8-21(3)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Mississippi law requires (Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no entry provision)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Mississippi law requires.
14. Written rules and regulations. (Write this clause to meet Mississippi law: see "Written rules and regulations" above (Miss. Code Ann. § 89-8-11).)
15. Shifting repair duties to tenant. (Write this clause to meet Mississippi law: see "Shifting repair duties to tenant" above (Miss. Code Ann. § 89-8-23(3)).)
16. Security deposit held for tenant. (Write this clause to meet Mississippi law: see "Security deposit held for tenant" above (Miss. Code Ann. § 89-8-21(1)-(3)).)
17. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
18. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · Mississippi landlord-tenant law · More templates
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.