What types of rental accommodations are covered by legislation governing residential tenancies in Mississippi?

The Residential Landlord and Tenant Act covers any rental agreement entered into after July 1, 1991 for residential dwelling units located within the State.

What types of rental accommodations are NOT covered by this legislation?

The following rental arrangements are not governed by the Act:

(a) Residence at public or private institutions, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or successor in interest of the purchaser;
(c) Occupancy by a member of a fraternal or social organization in a part of the structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel, motel or lodgings;
(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(f) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes, or where the occupant is performing agricultural labor for the owner and the premises are rented for less than fair rental value.

Is it necessary to have a written lease or rental agreement?

A lease is in writing and is for a fixed period of time, such as 1 year. A rental agreement can be either oral or written, and is typically for a month-to-month tenancy.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Yes, the landlord can charge a security deposit, and at the end of the tenancy, may deduct such amounts as are reasonably necessary to pay any outstanding rent, to repair damages to the premises caused by the tenant (except for ordinary wear and tear), to clean the premises if required, or for any other reasonable and necessary expenses incurred as a result of any default by the tenant. Any remaining portion of the security deposit must be returned to the tenant no later than 45 days after the termination of the tenancy, the delivery of possession and demand by the tenant for return of the deposit. The landlord must also provide an itemized list of all deductions made from the deposit.

When is the landlord allowed to increase the rent?

Certain localities have rent controls which limit or restrict when and how much the landlord is allowed to raise the rent.

How can a lease be terminated?

A lease is generally for a fixed period of time and will terminate at the end of the lease term, unless the parties agree in writing to an earlier termination. A week-to-week tenancy can be terminated by either party giving the other at least 7 days written notice. A month-to-month tenancy requires at least 30 days written notice.

Can a tenant assign a lease or sublet the premises?

Generally, the tenant requires the landlord's written consent in order to assign the lease or sublet to another tenant.

When is the landlord permitted to enter the premises?

State law does not address this issue. The landlord and tenant should agree on the circumstances, and a reasonable notice period. Generally 24-48 hours is considered reasonable.

On what grounds can a landlord evict a tenant?

The most common grounds on which a tenant is evicted is non-payment of rent. However, the landlord can also evict a tenant for noncompliance with other provisions of the lease or rental agreement, for illegal activity on the premises, for causing damage to the premises or the landlord's property.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.