Mississippi Residential Lease Agreement
What Mississippi law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Mississippi lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Mississippi rules your lease has to live with
Beyond the deposit, Mississippi law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Rent increases. No specific rent-increase statute; month-to-month tenancy is terminated by written notice at least 30 days before the termination date (7 days for week-to-week) — Miss. Code § 89-8-19(3) (am. Laws 2022, ch. 501) ↗
- Repair and deduct. Yes: after 30 days' written notice of a material defect, tenant may repair and be reimbursed/offset against rent, capped at one month's rent, once per 6 months, if current on rent — Miss. Code § 89-8-15 (am. Laws 2022, ch. 501, § 25) ↗
- Habitability. Mississippi law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — Miss. Code § 89-8-23 (Laws 1991, ch. 478, § 12) ↗
Each point links to the Mississippi source it was taken from. Rules change; confirm before relying on them.
What Mississippi law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 45 days after move-out
- Notice to end month-to-month
- 30 days
Source: Miss. Code §89-8-21 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 45 days after move-out? Ask for it in writing with a Mississippi security deposit demand letter; if that doesn’t work, the usual next step is Mississippi small claims court.
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Frequently asked questions
How much security deposit can a landlord charge in Mississippi?
Mississippi does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 45 days after you move out (as of 2026). Source: Miss. Code §89-8-21.
Is this lease valid in Mississippi?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Mississippi once both sides sign. What it cannot do is contract around Mississippi law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a tenant repair and deduct rent in Mississippi?
Yes: after 30 days' written notice of a material defect, tenant may repair and be reimbursed/offset against rent, capped at one month's rent, once per 6 months, if current on rent Source: Miss. Code § 89-8-15 (am. Laws 2022, ch. 501, § 25).
How does Mississippi compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Mississippi compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Mississippi: Miss. Code §89-8-21 ↗.
- Mississippi is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 45 days — above the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
Deposit return deadline in neighboring states — Alabama (60 days), Arkansas (60 days), Louisiana (30 days), Tennessee (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Alabama (30 days), Arkansas (30 days), Louisiana (10 days), Tennessee (30 days).
The rest of what Mississippi requires
The figures below are Mississippi's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Mississippi page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Miss. Code §§ 89-8-13, 89-8-19 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Miss. Code §§ 89-8-13, 89-8-19 ↗
- Small claims limit · as of 2026
- $3,500 Miss. Code Ann. § 9-11-9 ↗
- Where you file · as of 2026
- Justice Court (county-level court; no separate small claims division) · filing fee Varies by county; typically ~$50-$100 total including service on one defendant (clerk fees set under Miss. Code Ann. § 25-7-25). Check the county Justice Court clerk. Miss. Code Ann. § 9-11-9 ↗
- Rental application fee · as of July 2026
- No statutory limit Mississippi Code ↗
- Bill of sale notarization · as of 2026
- Not required Mississippi DOR / DMV.ORG ↗
- Power of attorney signing · as of 2026
- Notarization recommended Miss. Code §87-3-101 et seq. ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Miss. Code § 79-29-105(t) ↗
- Recording a deed · as of 2026
- Chancery Clerk (of the county where the land lies) · no witnesses Miss. Code § 89-3-1 ↗
Lease agreement in other states
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