Mississippi Subletting, Lease Endings & Tenant Death
Mississippi rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: A rental agreement with a definite term expires on the date stated in it. After it expires, the landlord may give the tenant written notice (or email or text notice if the tenant agreed to that) that the tenant is holding over and that eviction proceedings will start no sooner than three… Miss. Code Ann. §89-8-17
The rules in Mississippi
| When the lease ends | A rental agreement with a definite term expires on the date stated in it. After it expires, the landlord may give the tenant written notice (or email or text notice if the tenant agreed to that) that the tenant is holding over and that eviction proceedings will start no sooner than three days after the notice. The landlord may also demand a rent increase after expiration, unless the landlord's dominant purpose is retaliation against the tenant for actions authorized by the landlord-tenant act and the landlord had received written notice of each condition involved. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The section read does not address automatic-renewal clauses or set a holdover rent penalty. Source: Miss. Code Ann. §89-8-17 |
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Mississippi vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Mississippi | Not verified yet | A rental agreement with a definite term expires on the date stated in it. After it expires, the landlord may give the tenant written notice (or email or text notice if the tenant agreed to that) that the tenant is holding over and that eviction proceedings will start no sooner than three days after the notice. The landlord may also demand a rent increase after expiration, unless the landlord's dominant purpose is retaliation against the tenant for actions authorized by the landlord-tenant act and the landlord had received written notice of each condition involved. Miss. Code Ann. §89-8-17 | Not verified yet |
| Alabama | Alabama's Uniform Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign the lease or on landlord consent. Ala. Code tit. 35, ch. 9A (reviewed) | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, and if the holdover is willful and not in good faith the landlord may also recover the greater of up to three months' periodic rent or actual damages, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy becomes week-to-week (weekly rent) or month-to-month (all other cases). A month-to-month tenancy ends with at least 30 days' written notice before the rental date named in the notice; week-to-week needs 7 days. The act has no section on automatic-renewal clauses. Ala. Code §§ 35-9A-441, 35-9A-161(d) | Alabama's Uniform Residential Landlord and Tenant Act has no section on what happens to a lease, the deposit, or belongings when a tenant dies. Ala. Code tit. 35, ch. 9A (reviewed) |
| Arkansas | The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. Arkansas Attorney General, Landlord and Tenant Rights | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession; if the holdover is not in good faith the landlord may recover reasonable attorney's fees, and if it is a willful violation of the act or the lease the landlord may also recover up to three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees. If the landlord consents to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and otherwise month-to-month. Either side may end a month-to-month tenancy with written notice at least 30 days before the termination date (7 days for week-to-week). Ark. Code Ann. §§ 18-17-704, 18-17-401(c) | Not verified yet |
| Louisiana | A tenant has the right to sublease, and either party may assign or encumber its rights in the lease, unless the lease expressly prohibits it (Civil Code art. 2713). In a lease of an immovable, a clause banning any one of subleasing, assigning or encumbering is treated as banning all three unless a different intent is stated; otherwise such clauses are read strictly against the landlord. A subtenant or assignee gets no greater right to use the property than the tenant had (art. 2713.1). La. C.C. arts. 2713, 2713.1 | A lease with a fixed term ends when the term runs out, without any notice, unless it is reconducted or extended (Civil Code art. 2720). 'Reconduction' (automatic renewal) happens if the tenant stays on after the term ends without a notice to vacate or other objection from either side: for one week for most fixed-term leases longer than a week, one day for leases of a week or less, or 30 days for agricultural leases (art. 2721). A reconducted home lease of a month or longer becomes month-to-month, and all the lease terms continue (arts. 2723-2724). A reconducted lease is ended by giving the notice required by arts. 2727-2729. La. C.C. arts. 2720, 2721, 2723, 2724 | A lease does not end when the tenant (or the landlord) dies (Civil Code art. 2717). The lease continues, so it must be ended under its own terms or by the notice rules for leases. La. C.C. art. 2717 |
| Tennessee | Not verified yet | A tenant who stays after the lease ends without the landlord's consent is a holdover: the landlord may sue for possession, back rent, reasonable attorney's fees and other damages the lease provides, plus actual damages and attorney's fees if the holdover is willful and not in good faith. A month-to-month tenancy can be ended by either side with written notice at least 30 days before the rent date named in the notice; a week-to-week tenancy with at least 10 days' written notice. The section sets no holdover rent multiple and does not address automatic-renewal clauses. Tenn. Code Ann. § 66-28-512 | Not verified yet |
More Mississippi rental law
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- Mississippi Rent Increase & Late Fee Laws
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Compare subletting, lease endings & tenant death in all 50 states and DC →
Mississippi Subletting, Lease Endings & Tenant Death FAQ
What happens when my lease ends in Mississippi?
A rental agreement with a definite term expires on the date stated in it. After it expires, the landlord may give the tenant written notice (or email or text notice if the tenant agreed to that) that the tenant is holding over and that eviction proceedings will start no sooner than three days after the notice. The landlord may also demand a rent increase after expiration, unless the landlord's dominant purpose is retaliation against the tenant for actions authorized by the landlord-tenant act and the landlord had received written notice of each condition involved. (Miss. Code Ann. §89-8-17)
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.