Landlord-Tenant Law
Landlord-tenant laws in Mississippi provide a framework for the relationship between landlords and tenants, encompassing responsibilities, rights, eviction procedures, security deposits, and more. This legal landscape is designed to protect both parties while ensuring the rental agreement's terms are honored. Mississippi law makes a distinction between residential and non-residential landlord-tenant relationships . For the purposes of this article, the focus will be on residential landlord and tenant agreements.
Tenant and Landlord Responsibilities
Landlords in Mississippi are obligated to maintain habitable living conditions, requiring them to make necessary repairs within 14 days of receiving written notice from tenants. Failure to do so allows tenants to take actions such as suing for costs, canceling the rental agreement, or deducting repair costs from the rent. Tenants, on their part, must keep the premises clean, safe, and free from damage, besides adhering to other responsibilities like not engaging in illegal activities and informing landlords of any conditions that may cause damage to the premises.
Eviction Rules
Eviction processes in Mississippi give landlords broad authority to evict tenants for various reasons, including nonpayment of rent (with a 3-Day Notice to Pay), violation of lease terms (with a 14-day Notice to Comply), and for no lease or end of lease scenarios, with the notice period varying depending on the type of tenancy.
Security Deposits
Mississippi does not specify a maximum limit for security deposits. Landlords are not required to document the condition of the rental unit at the start of the lease term to collect security deposits. They must return the security deposit within 45 days after tenancy ends, subject to deductions for unpaid rent, damages, and other specific costs.
Lease Termination and Rent Increase
Tenants under a fixed-term lease do not need to provide notice to end the lease at its natural expiration. For periodic leases, the notice required varies based on the payment frequency. Mississippi law does not regulate rent control, allowing landlords to increase rent as they see fit outside of the lease term, with a 30-day notice for month-to-month tenants and a 7-day notice for week-to-week tenants.
Repairs
Landlords must make repairs under several conditions, such as by agreement in the lease, in common areas, to comply with codes, to maintain the unit in substantially the same condition as at the beginning of the lease, and to avoid dangerous or habitability-impairing defects. Tenants should provide 14 days written notice for repairs, and if the landlord fails to make the repairs within this period, tenants may cancel the lease, use the repair and deduct remedy, or sue the landlord.
Evictions for Nonpayment of Rent
For nonpayment of rent, landlords must give a 3-day written notice. If rent is not paid within this period, landlords can proceed with eviction actions.
Additional Protections
Mississippi law prohibits landlord retaliation against tenants who exercise their rights, such as requesting repairs for health and safety violations. Furthermore, self-help eviction is only permitted under specific conditions outlined in the lease and must be done without breaching peace.
These laws underscore the importance of understanding the rights and obligations for both landlords and tenants in Mississippi. It's essential for both parties to familiarize themselves with these regulations to ensure a fair and lawful rental experience.
