Mississippi Lease Agreement

A Mississippi lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities.

To be legally valid, the lease must follow the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 through § 89-8-45). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Mississippi commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 30 days’ written notice to terminate or modify the lease (Miss. Code Ann. § 89-8-19).
• Sublease Agreement: Allows an existing tenant to rent out the property to a subtenant—but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Mississippi lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms:
  • The security deposit amount cannot exceed one month’s rent.
  • The landlord must return the deposit within 45 days after move-out, including an itemized list of deductions.
• Mississippi Required Disclosures:
  • Lead-based paint disclosure (for properties built before 1978).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Mississippi law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change unless both parties agree in writing.
• Rental Agreement (Month-to-Month): Renews automatically. Either party can end it with 30 days’ written notice, and landlords may adjust terms with proper notice (Miss. Code Ann. § 89-8-19).

No, under the Mississippi Residential Landlord and Tenant Act, a landlord cannot increase rent during a fixed-term lease unless the lease explicitly allows it.

For month-to-month rental agreements, landlords may raise rent or change terms but must give at least 30 days’ written notice before the next rental period begins (Miss. Code Ann. § 89-8-19).

If a tenant ends their lease early in Mississippi, they may still be financially responsible for paying rent until the lease ends or until the landlord finds a new tenant.

Under the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-23), landlords must make reasonable efforts to re-rent the property to reduce losses—this is known as “mitigating damages.”

In Mississippi, lease renewal or termination depends on the type of tenancy:

• Fixed-Term Lease:
  • Ends automatically on the listed end date unless both parties agree to renew.
  • Renewals should always be in writing (new lease or signed addendum).
  • Neither party may end the lease early unless both agree or a legal reason applies.
• Month-to-Month Lease:
  • Renews automatically every month.
  • Either party may terminate with 30 days’ written notice before the next rental period begins (Miss. Code Ann. § 89-8-19).

Yes, a Mississippi lease agreement can be modified after it’s signed, but only if both the landlord and tenant agree in writing.

• All changes must be documented as a written lease addendum.
• The addendum must clearly describe the specific modification (rent change, pet policy, added occupant, etc.).
• Both parties must sign and date the addendum for it to be legally valid.
• All changes must comply with the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 through § 89-8-45).