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MS · State landlord-law profile

Mississippi landlord-tenant rules

10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
3 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: No statutory cap on the amount of a residential security deposit and no interest requirement. The deposit statute regulates only what may be withheld (unpaid rent, damage beyond ordinary wear and tear, cleaning, other default costs) and the 45-day return with itemization. (Miss. Code Ann. § 89-8-21, confirmed 2026-10). Returning the deposit: No later than 45 days after the termination of the tenancy, delivery of possession, and the tenant’s demand, the landlord must return the deposit less any amounts claimed by written, itemized notice delivered to the tenant. Bad-faith retention exposes the landlord to up to $200 on top of actual damages. (Miss. Code Ann. § 89-8-21(3)–(4), confirmed 2026-10).
No statewide cap
Source-confirmed 2026-10
45 days after move-out
Source-confirmed 2026-10
Permitted
Source-confirmed 2026-10
No statewide cap (reasonableness standard)
Source-confirmed 2026-10
No statewide cap
Source-confirmed 2026-10
No statewide rent regulation (check local ordinances)
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
3 days
Source-confirmed 2026-10
Reasonable notice
Source-confirmed 2026-10

How Mississippi treats the landlord's core obligations

Late fees: No statewide cap on late fees and no statutory grace period. The Residential Landlord and Tenant Act defines "rent" to include late fees the tenant has agreed to pay under the rental agreement (§ 89-8-7(1)(k)) but sets no limit on their amount; the lease governs, subject to general penalty and unconscionability limits. (Miss. Code Ann. § 89-8-7(1)(k); §§ 89-8-1 et seq. (no late-fee cap), confirmed 2026-10). Application fees: No statewide cap or refund requirement for rental application fees; the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29) does not regulate screening fees, and § 89-8-21(1) expressly excludes payments "made to secure the execution of a rental agreement" from the deposit rules. (Miss. Code Ann. § 89-8-21(1); §§ 89-8-1 et seq. (no application-fee provision), confirmed 2026-10).
Nonpayment notice: For nonpayment of rent the landlord may give written notice that the rental agreement will terminate if rent is not paid within 3 days; a judge hearing the resulting eviction must enforce the signed rental agreement. Other lease breaches require a 30-day termination notice with a cure period of up to 14 days. (Miss. Code Ann. § 89-8-13(5)(a), confirmed 2026-10). Rent increases: No statute sets a dedicated rent-increase notice period; the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29, read in full) contains none. A rent change in a month-to-month tenancy is effected through the § 89-8-19 termination notice (at least 30 days’ written notice; 7 days for week-to-week); under a fixed-term lease the rent is fixed until expiry, after which § 89-8-17(2) lets the landlord demand an increase from a holdover tenant provided the demand is not retaliatory. (Miss. Code Ann. §§ 89-8-17(2), 89-8-19, confirmed 2026-10). Ending a month-to-month tenancy: Either the landlord or the tenant may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date; a week-to-week tenancy requires at least 7 days’ written notice. No notice is required where the other party has committed a substantial violation of the rental agreement or the Act that materially affects health or safety. (Miss. Code Ann. § 89-8-19(2)–(4), confirmed 2026-10). Entry: No statewide statute requires advance notice before a landlord enters a dwelling unit: the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29) contains no access or entry provision — the landlord-obligation (§ 89-8-23) and tenant-obligation (§ 89-8-25) sections are silent — so the lease governs. (Miss. Code Ann. §§ 89-8-1 to 89-8-29 (no entry provision), confirmed 2026-10).
Mississippi has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.

Security deposits

What Mississippi allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.

Security deposit limit

Source-confirmed 2026-10
No statutory cap on the amount of a residential security deposit and no interest requirement. The deposit statute regulates only what may be withheld (unpaid rent, damage beyond ordinary wear and tear, cleaning, other default costs) and the 45-day return with itemization.
Miss. Code Ann. § 89-8-21. Read at Mississippi Code (FindLaw reproduction) in October 2026.
Read the full section; no subsection limits the amount. Mississippi’s official code is hosted on LexisNexis and was not fetchable; FindLaw reproduces the annotated code.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.

Deposit return deadline

Source-confirmed 2026-10
No later than 45 days after the termination of the tenancy, delivery of possession, and the tenant’s demand, the landlord must return the deposit less any amounts claimed by written, itemized notice delivered to the tenant. Bad-faith retention exposes the landlord to up to $200 on top of actual damages.
Miss. Code Ann. § 89-8-21(3)–(4). Read at FindLaw reproduction of the Mississippi Code (current as of Jan 1, 2025) in October 2026.
The official Mississippi Code is published only through LexisNexis; the FindLaw reproduction was read in full. The 45-day clock runs from the latest of termination, delivery of possession, and the tenant’s demand; the statute does not resolve which controls when they differ.
Reference value in Aptoria's compliance data: “45 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.

Separate pet deposit

Source-confirmed 2026-10
A separate pet deposit may be charged and there is no cap on it, but any "payment or deposit of money, the primary function of which is to secure the performance of a rental agreement" is governed by § 89-8-21, so a refundable pet deposit must be itemized and returned under the same 45-day rule as the security deposit.
Miss. Code Ann. § 89-8-21(1), (3). Read at Mississippi Code (FindLaw reproduction) in October 2026.
The statute does not use the words "pet deposit"; the conclusion follows from the function-based definition. Non-refundable pet fees are not deposits and are not addressed by statute.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.

Rent, late fees and application fees

The fees a Mississippi lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.

Late fees

Source-confirmed 2026-10
No statewide cap on late fees and no statutory grace period. The Residential Landlord and Tenant Act defines "rent" to include late fees the tenant has agreed to pay under the rental agreement (§ 89-8-7(1)(k)) but sets no limit on their amount; the lease governs, subject to general penalty and unconscionability limits.
Miss. Code Ann. § 89-8-7(1)(k); §§ 89-8-1 et seq. (no late-fee cap). Read at Mississippi Code (FindLaw reproduction) in October 2026.
Absence confirmed by reading every section of chapter 8 in the FindLaw reproduction (current to Jan 1, 2025). Because late fees are "rent," unpaid late fees can ground the § 89-8-13(5)(a) 3-day nonpayment notice.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.

Application fee limit

Source-confirmed 2026-10
No statewide cap or refund requirement for rental application fees; the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29) does not regulate screening fees, and § 89-8-21(1) expressly excludes payments "made to secure the execution of a rental agreement" from the deposit rules.
Miss. Code Ann. § 89-8-21(1); §§ 89-8-1 et seq. (no application-fee provision). Read at Mississippi Code (FindLaw reproduction) in October 2026.
Absence confirmed by reading every section of chapter 8 in the FindLaw reproduction (current to Jan 1, 2025).
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.

Statewide rent regulation

Source-confirmed 2026-10
No statewide rent control, and local rent control is preempted: the municipal and county home-rule statutes each provide that, absent specific statutory authorization, a municipality or county may not "without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property" in which it has no property interest. No Mississippi locality has adopted rent control.
Miss. Code Ann. § 21-17-5(2)(h) (municipalities); § 19-3-40(3)(g) (counties). Read at Mississippi Code (FindLaw reproduction) in October 2026.
Both home-rule sections were read in the FindLaw reproduction. The Residential Landlord and Tenant Act itself (ch. 8) contains no rent-regulation provision.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.

Notices, rent increases and termination

How much written notice Mississippi requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.

Rent-increase notice

Source-confirmed 2026-10
No statute sets a dedicated rent-increase notice period; the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29, read in full) contains none. A rent change in a month-to-month tenancy is effected through the § 89-8-19 termination notice (at least 30 days’ written notice; 7 days for week-to-week); under a fixed-term lease the rent is fixed until expiry, after which § 89-8-17(2) lets the landlord demand an increase from a holdover tenant provided the demand is not retaliatory.
Miss. Code Ann. §§ 89-8-17(2), 89-8-19. Read at Mississippi Code (FindLaw reproduction) in October 2026.
Absence confirmed by reading every section of chapter 8 (89-8-1, -3, -5, -7, -9, -11, -13, -15, -17, -19, -21, -23, -25, -27, -29) in the FindLaw reproduction (current to Jan 1, 2025).
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.

Month-to-month termination notice

Source-confirmed 2026-10
Either the landlord or the tenant may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date; a week-to-week tenancy requires at least 7 days’ written notice. No notice is required where the other party has committed a substantial violation of the rental agreement or the Act that materially affects health or safety.
Miss. Code Ann. § 89-8-19(2)–(4). Read at Mississippi Code (FindLaw reproduction) in October 2026.
A tenancy with no fixed term is week-to-week if rent is paid weekly and month-to-month otherwise (§ 89-8-19(1)).
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.

Pay-or-quit notice

Source-confirmed 2026-10
For nonpayment of rent the landlord may give written notice that the rental agreement will terminate if rent is not paid within 3 days; a judge hearing the resulting eviction must enforce the signed rental agreement. Other lease breaches require a 30-day termination notice with a cure period of up to 14 days.
Miss. Code Ann. § 89-8-13(5)(a). Read at Mississippi Code (FindLaw reproduction) in October 2026.
The parallel 3-day notice in § 89-7-27 applies to premises that are NOT dwelling units; cite § 89-8-13 for residential tenancies. Whether the 3 days are calendar or judicial days is not stated in the statute.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.

Landlord entry

When a Mississippi landlord may enter an occupied unit and how much notice the tenant must receive.

Non-emergency entry notice

Source-confirmed 2026-10
No statewide statute requires advance notice before a landlord enters a dwelling unit: the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29) contains no access or entry provision — the landlord-obligation (§ 89-8-23) and tenant-obligation (§ 89-8-25) sections are silent — so the lease governs.
Miss. Code Ann. §§ 89-8-1 to 89-8-29 (no entry provision). Read at Mississippi Code (FindLaw reproduction) in October 2026.
Absence confirmed by reading every section of chapter 8 in the FindLaw reproduction (current to Jan 1, 2025). Engine 0-hour floor consistent; 24 hours is customary practice, not law.
Reference value in Aptoria's compliance data: “Reasonable notice”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.

Payments, fair housing and licensing

Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.

Mississippi next to its neighbors

Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
RuleMississippiAlabamaArkansasLouisianaTennessee
Security deposit limitNo statewide cap1× monthly rent2× monthly rentNo statewide capNo statewide cap
Deposit return deadline45 days after move-out60 days after move-out60 days after move-out30 days after move-out30 days after move-out
Late feesNo statewide cap (reasonableness standard)No statewide cap (reasonableness standard)No statewide cap (reasonableness standard); 5 days graceNo statewide cap (reasonableness standard)Capped at 10% of monthly rent; 5 days grace
Rent-increase notice30 days30 days30 days10 days30 days
Non-emergency entry noticeReasonable notice48 hoursReasonable noticeReasonable notice24 hours
Pay-or-quit notice3 days7 days10 days5 days14 days
Source-of-income protectionNo statewide protection on fileNo statewide protection on fileNo statewide protection on fileNo statewide protection on fileNo statewide protection on file
Card surcharges on rentAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limits

Lease disclosures on file

Federal and state disclosures Aptoria's lease workflow surfaces for Mississippi. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"

Official sources

Primary sources a Mississippi landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Browse landlord-law topics across all states

Questions Mississippi landlords ask

How much can a landlord charge for a security deposit in Mississippi?

No statutory cap on the amount of a residential security deposit and no interest requirement. The deposit statute regulates only what may be withheld (unpaid rent, damage beyond ordinary wear and tear, cleaning, other default costs) and the 45-day return with itemization. (Miss. Code Ann. § 89-8-21, confirmed 2026-10).

How long does a Mississippi landlord have to return the security deposit?

No later than 45 days after the termination of the tenancy, delivery of possession, and the tenant’s demand, the landlord must return the deposit less any amounts claimed by written, itemized notice delivered to the tenant. Bad-faith retention exposes the landlord to up to $200 on top of actual damages. (Miss. Code Ann. § 89-8-21(3)–(4), confirmed 2026-10).

What is the maximum late fee in Mississippi?

No statewide cap on late fees and no statutory grace period. The Residential Landlord and Tenant Act defines "rent" to include late fees the tenant has agreed to pay under the rental agreement (§ 89-8-7(1)(k)) but sets no limit on their amount; the lease governs, subject to general penalty and unconscionability limits. (Miss. Code Ann. § 89-8-7(1)(k); §§ 89-8-1 et seq. (no late-fee cap), confirmed 2026-10).

How many days does a Mississippi pay-or-quit notice give the tenant?

For nonpayment of rent the landlord may give written notice that the rental agreement will terminate if rent is not paid within 3 days; a judge hearing the resulting eviction must enforce the signed rental agreement. Other lease breaches require a 30-day termination notice with a cure period of up to 14 days. (Miss. Code Ann. § 89-8-13(5)(a), confirmed 2026-10).

How much notice must a Mississippi landlord give before entering?

No statewide statute requires advance notice before a landlord enters a dwelling unit: the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29) contains no access or entry provision — the landlord-obligation (§ 89-8-23) and tenant-obligation (§ 89-8-25) sections are silent — so the lease governs. (Miss. Code Ann. §§ 89-8-1 to 89-8-29 (no entry provision), confirmed 2026-10).

How much notice is required to raise rent in Mississippi?

No statute sets a dedicated rent-increase notice period; the Residential Landlord and Tenant Act (§§ 89-8-1 to 89-8-29, read in full) contains none. A rent change in a month-to-month tenancy is effected through the § 89-8-19 termination notice (at least 30 days’ written notice; 7 days for week-to-week); under a fixed-term lease the rent is fixed until expiry, after which § 89-8-17(2) lets the landlord demand an increase from a holdover tenant provided the demand is not retaliatory. (Miss. Code Ann. §§ 89-8-17(2), 89-8-19, confirmed 2026-10).

How much notice is required to end a month-to-month tenancy in Mississippi?

Either the landlord or the tenant may terminate a month-to-month tenancy by written notice given at least 30 days before the termination date; a week-to-week tenancy requires at least 7 days’ written notice. No notice is required where the other party has committed a substantial violation of the rental agreement or the Act that materially affects health or safety. (Miss. Code Ann. § 89-8-19(2)–(4), confirmed 2026-10).

Does Mississippi have statewide rent control?

No statewide rent regulation is on file for Mississippi. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.

Is source of income a protected class in Mississippi?

No statewide source-of-income protection is on file for Mississippi, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.

Can a Mississippi landlord add a surcharge for paying rent by card?

Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.

How this page was verified

Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 3 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.