Mississippi’s Residential Landlord and Tenant Act (Miss. Code Title 89, Chapter 8, in force since 1991) sits alongside Chapter 7’s older eviction rules, and together they make Mississippi one of the more landlord-friendly states in the South. There is no security deposit cap, no deposit interest, no rent control, and no statutory ceiling on rent increases.
What the state lacks in tenant protections it makes up for in mechanical clarity. Deposits must be returned within 45 days of a three-part trigger, repair-and-deduct is available after a 30-day written notice with a ceiling of one month’s rent, and the nonpayment notice to quit is typically three days. Mississippi courts also read an implied warranty of habitability into residential leases — “landlord-friendly” does not mean “no duties,” and that warranty matters because the repair duties themselves are narrow and mostly procedural.
This guide covers the rules that generate the most disputes in Mississippi: deposits, repairs, notices, and evictions. It is general information, not legal advice.
| Governing law | Miss. Code Title 89, Chs. 7–8 |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | 45 days after termination, delivery of possession, and the tenant’s demand |
| Wrongful withholding penalty | Actual damages + up to $200 statutory damages |
| Nonpayment notice to quit | 3 days (commonly cited under § 89-7-27) |
| Repair-and-deduct | Yes, after 30 days’ written notice of a material defect (§ 89-8-15) |
Mississippi Rental Law at a Glance
The Mississippi Residential Landlord and Tenant Act (Chapter 8) covers rental agreements entered into after July 1, 1991, while Chapter 7 preserves the older landlord-tenant and eviction procedures. Mississippi has no statewide rent control and no limit on rent increases; the lease itself sets the rent, and the Act regulates the process around it — deposits, notices, repairs, and termination.
Local governments in Mississippi have generally not added the tenant-protection layers seen in other states, so state law and the written lease do most of the work. That makes the lease the single most important document in a Mississippi tenancy, and it is why a Mississippi-specific agreement beats a generic national template.
Security Deposits: The 45-Day Clock Needs a Demand
Mississippi places no cap on security deposits and requires no interest (Miss. Code § 89-8-21), and because there is no cap on deposits generally, there is no separate limit on pet deposits or pet rent either. The return deadline runs from a three-part trigger: termination of the tenancy, delivery of possession, and demand by the tenant. A tenant who simply hands over the keys and waits is leaving the clock unstarted — make a written demand for the deposit, and keep a copy.
Within 45 days of that trigger, the landlord must return the deposit in full or send a written notice itemizing the amounts claimed, limited to unpaid rent, damage beyond ordinary wear and tear, cleaning, and other reasonable expenses from the tenant’s default. If the landlord retains the deposit in violation of the statute and without good faith, the tenant may recover actual damages plus statutory damages of up to $200 — Mississippi has no double- or treble-damages multiplier like many other states.
- ✓There is no separate-account or bond requirement, but the tenant’s claim to the deposit takes priority over the landlord’s other creditors.
- ✓Deductions must be for purposes the deposit was actually collected for, so a lease should state what the deposit covers.
- ✓Practical tip for tenants: make the written demand, photograph the unit at both ends, and keep receipts. For landlords: itemize within 45 days with real invoices — a vague list is hard to defend in court.
Repairs and the Warranty of Habitability
Mississippi’s express landlord duties (Miss. Code § 89-8-23) are narrow: comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit, plumbing, heating, and cooling in substantially the same condition as at the inception of the lease, reasonable wear and tear excepted. The statute never uses the phrase “fit and habitable,” but the Mississippi Supreme Court has recognized an implied warranty of habitability for residential leases, requiring reasonably safe premises at move-in and reasonable care to repair dangerous conditions once the landlord has notice.
Mississippi tenants also have a genuine repair-and-deduct remedy (§ 89-8-15): after 30 days’ written notice of a specific and material defect, the tenant may arrange the repair and seek reimbursement — up to one month’s rent or the usual and customary charge, once in any six-month period, and only if the tenant is current on rent. Reimbursement is due within 45 days of submitting receipted bills. This is one of the few states where repair-and-deduct is spelled out in the statute, so the notice requirements matter.
Rent Increases and Termination Notices
Mississippi has no rent control and no statute setting a specific rent-increase notice period; for a fixed-term lease the rent is locked for the term, and for a month-to-month tenancy either party may terminate with at least 30 days’ written notice (Miss. Code § 89-8-13), which is the practical floor for any rent change. Tenants should get increases in writing; landlords should send them in writing with a full rental period of notice and keep proof of delivery.
For a material breach of the lease, the terminating party must give written notice of at least 14 days, with a reasonable cure period that also cannot exceed 14 days (§ 89-8-13(3)). Notice may be delivered by email or text only where the recipient has agreed in writing to be notified that way — otherwise use a method you can prove.
Evictions: Short Notices and Justice Court
Mississippi evictions are fast. For nonpayment of rent, the common practice is a 3-day notice to pay or quit, with the older Chapter 7 procedures (including Miss. Code § 89-7-27) and the Residential Landlord and Tenant Act’s notice rules both in play — confirm the current statute text before serving. If the tenant neither pays nor vacates, the landlord files for possession in justice court, and the court can move quickly.
A tenant served with an eviction summons should respond in writing before the deadline and attend the hearing; missing it can produce a default judgment. Only a court officer can physically remove a tenant — lockouts and utility shut-offs are illegal. Tenants facing eviction should contact the Mississippi Center for Justice or North Mississippi Rural Legal Services immediately; the timelines give little room to stall.
Disclosures and Safety
Mississippi has few state-specific rental disclosures. The federal lead-based paint disclosure applies to housing built before 1978, and landlords should provide working smoke detectors as required by local codes and fire safety standards. There is no statewide mold or bed-bug disclosure requirement, and no state rent-control regime to worry about.
Because state law is lean, a well-drafted Mississippi lease should spell out utilities, late fees, entry rules, and maintenance expectations explicitly — the statute will not fill in the gaps the way it does in more tenant-protective states. Tenants should document any health or safety problem in writing and give the landlord a deadline, which preserves the repair-and-deduct path and creates the record a court will want.
Resolving Disputes and Finding Help
Justice courts in Mississippi have civil jurisdiction over claims up to $3,500 (Miss. Code § 9-11-9), which covers the great majority of deposit disputes. Start with a written demand letter citing § 89-8-21 and setting a deadline; most disputes settle at that stage because the statutory damages are modest and litigation costs exceed them.
Free and low-cost help is available through the Mississippi Center for Justice, North Mississippi Rural Legal Services, and the Mississippi Volunteer Lawyers Project. Whichever side you are on, the outcome turns on documents: the lease, the written demand, photos, receipts, and proof of service. Mississippi law is sparse, so the written record you create is often the entire case.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.
