Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Mississippi, residential lease documents—including their structure, nature, and contents—are regulated by Mississippi landlord tenant laws. For this reason, it’s imperative for Mississippi landlords to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Mississippi considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Mississippi lease template for download!
A Mississippi lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Mississippi’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Mississippi lease agreement. Note that many of these components are primarily associated with residential leases—A Mississippi commercial lease agreement will necessarily have different requirements and components.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the Mississippi rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Mississippi, rent control is banned—no city or county in the state can pass a law that regulates or restricts the price of rent (Miss. Code § 21-17-5(2)). This means Mississippi landlords can choose their own rental rates based on the current market.
Late Fees
The penalties for missing rent payments should be clearly stated in the Mississippi residential lease agreement, as should any exceptions. There is no statutory limit on late fees in Mississippi, nor is there a mandatory grace period. This means landlords can once again decide on and enforce their own late fees as long as they are disclosed to tenants. Be sure that every Mississippi lease agreement includes a clear description of the landlord’s late fee policy, so that tenants know exactly what will happen if tenants are late to pay rent.
Security Deposit
This section of a Mississippi rental lease agreement includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
There is no maximum or limit for security deposits in Mississippi is. However, Mississippi does require landlords in the state to return security deposits to tenants (minus any deductions) within 45 days after the lease ends (Miss. Code § 89-8-21(3)).
All Mississippi lease agreements should include a detailed description of the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. Required disclosures must be included in a lease agreement Mississippi considers compliant, or else provided in a separate written notice to the tenant.
There is only one required disclosure for Mississippi rental agreements:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in residential lease agreement contracts for most properties built before 1978.
Landlord Right to Entry
In Mississippi, there are no specific laws governing when a landlord can enter a rental property. However, landlords typically give at least 24 hours’ notice before entering an occupied unit for a non-emergency reason. Be sure to include the landlord’s right of entry in all Mississippi rental agreements.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Mississippi residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice tenants need to provide Mississippi landlords to announce their intent to either renew or terminate the lease.
A Mississippi residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Mississippi, landlords must send eviction notices of specified lengths: a three-day notice to pay or quit for nonpayment, a 14-day notice to cure or quit for lease violations, or an immediate, unconditional notice to quit for illegal activity or violations materially affecting health or safety. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the Mississippi rental agreement either on paper or electronically, ensuring a secure and convenient process.
Mississippi Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Mississippi residential lease agreement. This template is tailored to meet the specific requirements of Mississippi state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Mississippi residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Mississippi lease. To get started on the right foot, download our free Mississippi lease template and ensure a transparent, lawful, and satisfying rental experience.
