Mississippi Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Mississippi does not cap security deposits, and the landlord must return the deposit within 45 days after the tenancy ends, possession is delivered, and the tenant demands it. Mississippi has no landlord-entry statute at all, so the lease alone controls whether any notice is required before a landlord enters.

Security deposits in Mississippi

Mississippi sets no statutory maximum on security deposits. A landlord may require any amount agreed to in the lease, though unusually large deposits may be challenged on other grounds.

The 45-day return clock does not start when the tenant simply moves out. Under Miss. Code Ann. 89-8-21(3) it runs from the termination of the tenancy, the delivery of possession, and demand by the tenant. All three have to happen, so a tenant who vacates and never demands the deposit has no running deadline. Sending a written demand with a forwarding address is the step that starts the clock, and it is worth keeping proof of when you sent it. Where the landlord claims any part of the deposit, the written notice making that claim must itemize the amounts claimed, and any remaining portion is what must come back inside the 45 days.

The 45-day window is among the longer return deadlines in the country, which means tenants should document the move-out condition carefully. Deductions may only be taken for unpaid rent or for damages that exceed normal wear and tear. Cosmetic scuffs, minor carpet wear, and small nail holes from hanging pictures are generally considered normal wear.

If a landlord retains the deposit without good faith, Miss. Code Ann. 89-8-21(4) makes the landlord liable for damages not to exceed $200 in addition to any actual damages. That $200 is a ceiling on the added amount rather than a multiplier, so the realistic recovery is the wrongly withheld portion of the deposit plus up to $200. Keeping written records of the move-out date, the demand you sent, and the condition of the unit makes any court claim significantly stronger.

When can a landlord enter? Notice rules

Mississippi has no landlord-entry statute. The Residential Landlord and Tenant Act, Miss. Code Ann. 89-8-1 through 89-8-45, contains no provision governing entry, access, or notice before entry, and neither does Title 89, Chapter 7, which covers rent and removal procedure. This is not a flexible reasonable notice standard with no set hours. It means state law imposes no notice requirement at all, and the lease alone controls.

Because the duty comes from the lease rather than a statute, advance notice is something a Mississippi tenant has to negotiate into the written agreement before signing. A lease that handles entry well names the reasons the landlord may enter, such as repairs, inspections, or showing the unit to prospective tenants or buyers, states how much notice will be given, and limits the hours. If the lease says nothing about entry, there is no state default to fall back on.

Most leases expressly allow immediate entry for an emergency such as a gas leak, fire, or burst pipe, and no statutory notice stands in the way of one. A landlord who enters in a way the lease does not permit is breaching the lease, and that breach, rather than the Residential Landlord and Tenant Act, is what a tenant would raise. Tenants dealing with repeated unannounced entries should log each one with the date and time and put their objection in writing.

Ending a lease: notice to vacate

For a month-to-month tenancy in Mississippi, either the landlord or the tenant must give 30 days written notice to end the arrangement. The notice should be delivered before the beginning of the last rental period. Oral notice is generally not sufficient; written notice creates a clear record that the tenancy was properly terminated.

A fixed-term lease expires on the date specified in the agreement and does not require additional notice. If the tenant stays past the end date without a new lease, Mississippi courts may treat the situation as a holdover tenancy, which could be converted to a month-to-month arrangement or result in the landlord pursuing an eviction.

For nonpayment of rent or other lease violations, the landlord must provide a specific notice before filing for eviction. See the Mississippi eviction notice page for the applicable notice periods under Mississippi law.

Repairs and the warranty of habitability

Mississippi recognizes an implied warranty of habitability under Miss. Code Ann. 89-8-23. A landlord is obligated to maintain the rental unit in a condition fit for human habitation throughout the tenancy. This includes keeping the structure weathertight and structurally sound, maintaining plumbing, heating, and electrical systems in working order, and ensuring that the property does not present conditions dangerous to tenants.

Mississippi does have a statutory repair-and-deduct remedy, in Miss. Code Ann. 89-8-15. If a tenant gives the landlord written notice of a specific and material defect that breaches the rental agreement or the landlord's duty under 89-8-23, and the landlord fails to repair it within 30 days, the tenant may repair the defect. The tenant is then entitled to reimbursement within 45 days of submitting receipted bills for the work, and under 89-8-15(4) the cost of repairs made under the section may instead be offset against future rent.

The remedy is conditional, and missing any one condition forfeits it. The tenant must have fulfilled the tenant obligations in Miss. Code Ann. 89-8-25, the repair expenses must not exceed one month's rent, the tenant must not have used this remedy in the six months immediately preceding, and the tenant must be current in rental payments. Reimbursement is capped at the usual and customary charge for the work, so an inflated invoice is not recoverable in full. Before correcting a condition affecting facilities shared with other units, the tenant must notify the other tenants of the repair plan and arrange the work to cause them the least practicable inconvenience.

A tenant may instead terminate the lease if the landlord has materially failed to maintain habitable conditions after written notice and a reasonable time to repair, or seek court intervention, which may include a court order to make repairs or a judgment for damages. Consulting a local attorney or legal aid organization is advisable before repairing and offsetting, because these conditions matter and errors can put the tenant at risk of eviction.

Rent, late fees, and rent control

Mississippi does not impose any cap on late fees. The lease governs what the landlord may charge, and tenants should read that section carefully before signing. There is also no mandatory grace period under state law, though individual leases may include one. A tenant who receives a late-fee charge that seems inconsistent with the lease terms may contest it in writing.

Mississippi has no statewide rent control law and no cities with local rent control ordinances. Landlords are free to increase rent by any amount with proper notice. For a month-to-month tenancy, rent increases typically require 30 days written notice before they take effect, in line with the general termination notice period. Tenants who do not wish to pay the increased rent may give 30 days notice to vacate instead.

Mississippi law does not require landlords to provide any particular notice for rent increases during a fixed-term lease; most leases either set the rent for the entire term or specify conditions under which it may change.

If you have a landlord-tenant dispute in Mississippi

The most important step in any dispute is creating a written record. Send repair requests, move-out notices, and deposit demands by certified mail or email so you have proof of delivery and timing. Take photos at move-in and move-out and retain them with timestamps.

For security deposit disputes, Mississippi Justice Court hears small claims cases up to $3,500. You do not need an attorney for small claims. Bring the lease, move-out documentation, and copies of any written communications you sent the landlord.

Mississippi Legal Services provides free or low-cost legal assistance to qualifying tenants statewide. The Mississippi Attorney General's Consumer Protection Division can also receive complaints about landlords who violate state housing law. Many cities have local housing or code enforcement offices that can inspect a unit and cite a landlord for habitability violations, which creates an official record useful in court proceedings.

Mississippi's protection against retaliation is narrow, and it works as a limit on the landlord rather than as a free-standing claim for the tenant. Under Miss. Code Ann. 89-8-17(2), a landlord may demand an increase in rent after a rental agreement expires only if that action did not have the dominant purpose of retaliation against the tenant for actions authorized under the chapter, and only where the landlord received written notice of each condition that was the subject of the tenant's actions. That ties the protection to the written notice steps the Act itself sets out, such as the repair notice described above. There is no general state statute protecting a tenant who complains to a city code enforcement office, so putting complaints to the landlord in writing is what preserves the argument.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

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