Mississippi Lease Agreement: Mandatory & Prohibited Clauses

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:

1. 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.
2. 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 ObligationsPreview unavailable) provided under Miss. Code Ann. § 89-8-15(1).
3. 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.
4. 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).