Mississippi Lease Agreement: Mandatory & Prohibited Clauses
A guide to drafting compliant Mississippi residential lease agreements, including crucial clauses, prohibited terms, and the importance of written contracts.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
A well-crafted lease agreement is a landlord's primary shield in Mississippi. Governed primarily by the Mississippi Residential Landlord and Tenant Act (MRLTA), which became effective on July 1, 1991, the lease serves as the definitive governing document for the landlord-tenant relationship. Because the state's statutes leave many operational details (such as grace periods, specific late fee limits, and precise right-of-entry timelines) to the parties, the agreement is crucial for enforceability.
Written vs. Oral Leases In Mississippi, an oral lease agreement is valid, but only for tenancies lasting less than one year.
Under the Statute of Frauds, any lease for a term of one year or longer must be in writing to be legally enforceable. Even for month-to-month tenancies, relying on an oral agreement is highly discouraged. Without a written document, proving the agreed-upon terms regarding rent amounts, late fees, or maintenance duties in court is exceedingly difficult.
Essential Clauses to Include
To protect your investment and comply with Mississippi law, your residential lease should explicitly cover the following:
1. Rent Details and Late Fees
- Rent Amount: The exact monthly rent and the due date.
- Grace Period (Optional): State law does not require a grace period, but if you offer one, specify it (e.g., "Rent is due on the 1st; a late fee applies on the 6th").
- Late Fees: Mississippi law does not set a specific percentage limit for late fees or prohibit daily late fees, but they must be clearly written in the lease to be enforceable.
2. Security Deposit Terms
- The specific deposit amount required.
- The conditions under which the deposit will be withheld (e.g., unpaid rent, damages beyond normal wear and tear).
- Acknowledgment that the deposit will be returned within the statutory 45-day deadline after the termination of the tenancy, delivery of possession, and demand by the tenant (Miss. Code Ann. § 89-8-21(3)).
3. Maintenance Responsibilities
Define clearly who is responsible for what. The landlord is statutorily required to maintain habitability and comply with building codes under Miss. Code Ann. § 89-8-23, but the lease can stipulate that the tenant is responsible for minor upkeep, such as lawn care, changing HVAC filters, and pest extermination after the initial move-in period.
4. Right of Entry
Mississippi law does not establish a specific notice period landlords must provide before entering the unit for non-emergencies. The industry standard is 24 to 48 hours. By explicitly defining your right of entry and notice period in the lease, you avoid disputes regarding privacy.
5. Utilities
Clearly define which party is responsible for establishing service and paying for electricity, water, gas, trash collection, and internet/cable.
Prohibited Clauses
While Mississippi is landlord-friendly, landlords cannot include clauses that force tenants to waive their fundamental statutory rights (Miss. Code Ann. § 89-8-5). An unenforceable or prohibited clause in a lease includes:
- Waiver of Habitability: Landlords cannot include a clause forcing the tenant to accept the property "as is" if it violates basic health and safety codes or forcing the tenant to waive the landlord's implied warranty of habitability.
- Waiver of 'Repair and Deduct': A lease cannot compel a tenant to waive their statutory right to use the limited "repair and deduct" remedy (see Maintenance Obligations) provided under Miss. Code Ann. § 89-8-15(1).
- Discriminatory Terms: Any clause that discriminates based on race, color, religion, sex, national origin, familial status, or disability is in direct violation of the federal Fair Housing Act and will be voided entirely by a court.
- Self-Help Eviction Authorization: You cannot include a clause authorizing the landlord to change the locks, remove doors, or shut off utilities if the tenant falls behind on rent. All evictions must proceed through the judicial process, typically initiated in the Justice Court of the county where the property is located.
Clear Eviction Terms
Your lease should clearly outline the consequences of breaking the agreement. Specifically, you should define that non-payment of rent will trigger a 3-Day Notice to Pay or Quit (Miss. Code Ann. § 89-8-13(5)), and a material breach of the lease terms will trigger a 14-Day Notice. The rental agreement terminates 14 days after receipt of the notice if the breach is not remedied within that 14-day period, as per Miss. Code Ann. § 89-8-13(3).
How Landager Helps
Landager tracks lease terms, important compliance dates, and documentation - making it easy to stay compliant with Mississippi regulations.
Back to [Mississippi Landlord-Tenant Laws Overview] (/property-compliance/usa/mississippi/overview).
Sources & Official References
Frequently Asked Questions
▶What are the Mississippi lease requirements for rental properties?
Mississippi recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Mississippi law.
▶What are the Mississippi landlord-tenant laws every property owner should know?
Mississippi's rental market is governed by the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8 of the Mississippi Code). The state is widely considered to have a landlord-friendly legal framework-there is no statewide rent control, no cap on security deposits, and a relatively streamlined eviction process for non-payment of rent. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Mississippi eviction process and how long does it take?
The Mississippi eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Mississippi security deposit rules and return deadlines?
Mississippi has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Mississippi rent increase laws and caps for landlords?
Mississippi has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Mississippi has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Mississippi?
Mississippi has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Mississippi state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Mississippi landlords provide to tenants?
Mississippi landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are Mississippi landlord maintenance obligations and habitability standards?
Mississippi landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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