Mississippi Lease Agreement Templates (6)

A Mississippi lease agreement is a legally binding document between a landlord and a tenant, written in accordance with the state’s landlord-tenant laws. The landlord agrees to rent all (or a portion of) their property to a tenant for a fee, and the tenant agrees to the lease agreement’s terms and conditions.

Rental Lease Laws Overview

• Rent Control: No.
• Limit on Late Fees: No.
• Late Fees in Rental Agreement: No.
• Grace Period: No.
• License Required for Landlord: No.

By Type (6)

Standard Lease Agreement

Sets out the terms and conditions of a tenancy agreement between a landlord and a tenant for renting residential property.

Commercial Lease Agreement

Creates a landlord-tenant relationship between a landlord and a business entity.

Rent-to-Own Lease Agreement

Lets a tenant become a homeowner if they decide to pursue that option after their lease ends.

Month-to-Month Rental Agreement

Provides residents with the option for adaptable month-to-month living arrangements, without the need for a long-term commitment.

Sublease Agreement

Establishes a formal agreement between the primary tenant (sublessor) and the sublessee, permitting the latter to temporarily reside in the rental property with the explicit approval of the landlord.

Room Rental Agreement

Create a formalized living agreement by setting up a legally binding contract among a principal resident and fellow occupants.

Required Lease Disclosures

Mississippi has specific regulations for landlords and tenants entering into a lease agreement [1] :

• Lead-based paint. Lead paint may be present in the walls of residential properties constructed before 1978 [2] .

Security Deposit

• Maximum Amount: There is no limit on how much the landlord may request.
• Receipts: Not required.
• Interest Payments: Not required.
• Bank Account: Security deposits are not required to be kept in a separate bank account.
• Returning Requirements: The landlord must return the security deposit, minus any amounts necessary to cover unpaid rent or repairs, within 45 days following the end of the tenancy [3] .
• Withholding Rules: If any portion of the security deposit is retained, the landlord must provide an itemized list of the amounts being withheld to cover expenses incurred as a result of the tenant’s default [3] .

Rent Payments

• Laws: Rent is due on the date agreed to in the lease.
• Rent Control: There is no statewide rent control in Mississippi.
• Late Fees and Grace Period: There’s no mandatory grace period for late rent payments. State law also doesn’t cap late fees, but any charges must be reasonable and specified in the lease.
• Withholding Rent: Mississippi state law does not allow tenants to withhold rent, unless for repairs with proper documentation. [4] .

Landlord Right of Entry

• Notice Requirements: The landlord is not required to give the tenant notice before entering the property for maintenance or any other reason.
• Keys, Locks, and Security: The landlord cannot perform a “self-help” eviction by changing the tenant’s locks.

Property Repairs

• Landlord Responsibilities: The landlord must make necessary repairs to keep the property habitable [5] .
• Tenant Repairs: If the landlord does not repair damages within 30 days of receiving notice from the tenant, the tenant can make the repairs and deduct the cost from the rent, but the amount deducted cannot exceed one month’s rent [4] .
• Abandonment: There is no specific state law establishing a length of time that a tenant must be absent for the unit to be considered abandoned.

Terminating a Lease

• Month-to-Month Tenancy: Either party can terminate the lease with 30 days’ notice[6] .
• Unclaimed Property: If a tenant fails to claim their property within 72 hours of a court-ordered move-out date, the landlord can possess or dispose of it without further notice [6] .

Sample

Below is an example of a free Mississippi lease agreement template that you can download in PDF or Word format.

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1. Title 89, Chapter 7 (Landlord and Tenant). https://casetext.com/statute/mississippi-code-1972/title-89-real-and-personal-property/chapter-7-landlord-and-tenant
2. Title 42 U.S. Code § 4852(d). https://www.govinfo.gov/content/pkg/USCODE-2009-title42/html/USCODE-2009-title42-chap63A-subchapI-sec4852d.htm
3. § 89-8-21. https://casetext.com/statute/mississippi-code-1972/title-89-real-and-personal-property/chapter-8-residential-landlord-and-tenant-act/section-89-8-21-tenants-security-deposit
4. § 89-8-15. https://law.justia.com/codes/mississippi/2020/title-89/chapter-8/section-89-8-15/
5. § 89-8-23. https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-23/
6. § 89-8-19. https://law.justia.com/codes/mississippi/2020/title-89/chapter-8/section-89-8-19/

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