Mississippi Lease Agreement Create a Mississippi Lease Agreement

Mississippi Lease Agreement

Published Dec 07, 2025
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A Mississippi Lease Agreement is a legal document that establishes the rental terms, duties, and expectations between a landlord and tenant for property leased in Mississippi.

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MISSISSIPPI LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on this , by and between:

LANDLORD:
Name:
Mailing Address:
("Landlord")

AND TENANT(S):
Name:

("Tenant").

The Landlord and Tenant may collectively be referred to as the "Parties."

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at the following address (the "Premises"):

Street Address:
City of , State of Mississippi, Zip Code .

Description of the Premises (e.g., apartment number, single-family home):

II. TERM OF LEASE

This Agreement shall commence on ("Commencement Date") and shall end on ("Termination Date").

Upon the Termination Date, the Tenant shall be required to vacate the Premises unless one of the following is selected:

III. RENT

The Tenant agrees to pay the Landlord a total monthly rent of $.

Rent shall be due on the day of each month (the "Due Date").

Rent shall be paid by the following method(s):

Payment instructions:

IV. LATE CHARGES AND RETURNED CHECKS

If Rent is not paid by the Due Date:

If a check is returned for insufficient funds (NSF), the Tenant shall pay a fee of $ in addition to any bank charges incurred by the Landlord.

V. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ (the "Security Deposit").

Return of Deposit: Pursuant to Miss. Code Ann. § 89-8-21, the Landlord shall return the Security Deposit to the Tenant, less any deductions for damages or unpaid rent, within forty-five (45) days after the termination of the tenancy, the delivery of possession, and demand by the Tenant.

Deductions: The Landlord may deduct from the Security Deposit only for:
1. Default in the payment of rent;
2. The repair of damages to the Premises caused by the Tenant, exclusive of ordinary wear and tear;
3. The cleaning of the Premises upon termination of the tenancy; and
4. Other reasonable and necessary expenses incurred as a result of the Tenant's default.

VI. UTILITIES AND SERVICES

The Parties agree that utilities and services shall be the responsibility of the following:

Electricity:


Gas:

Water/Sewer:

Trash Collection:

Cable/Internet:

Heat:

Air Conditioning:

VII. OCCUPANTS

The Premises shall be occupied only by the Tenant and the following individuals:

Guests staying more than days without the Landlord's written consent shall be considered a breach of this Agreement.

VIII. PETS

IX. USE OF PREMISES

The Tenant shall use the Premises for residential purposes only. The Tenant shall not use the Premises for any illegal activities or any purpose that violates any local, state, or federal laws.

X. CONDITION OF PREMISES

The Tenant has examined the Premises and accepts them in their current condition, acknowledging that they are in good order and repair, except as noted here:

XI. MAINTENANCE AND REPAIR

Landlord's Obligations: Pursuant to Miss. Code Ann. § 89-8-23, the Landlord shall:
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety;
2. Maintain the Premises in a habitable condition; and
3. Make all repairs and do whatever is necessary to put and keep the Premises in a fit and habitable condition.

Tenant's Obligations: Pursuant to Miss. Code Ann. § 89-8-25, the Tenant shall:
1. Keep that part of the Premises that the Tenant occupies and uses as clean and safe as the condition of the Premises permits;
2. Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;
3. Keep all plumbing fixtures as clean as their condition permits;
4. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances;
5. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises or knowingly permit any person to do so; and
6. Conduct themselves and require other persons on the Premises with their consent to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the Premises.

XII. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, making necessary or agreed repairs, decorations, alterations, or improvements, supplying necessary or agreed services, or exhibiting the Premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. Except in cases of emergency, the Landlord will provide the Tenant with reasonable notice prior to entry.

XIII. DEFAULT AND TERMINATION

Non-Payment of Rent: Pursuant to Miss. Code Ann. § 89-7-27, if the Tenant fails to pay rent when due, the Landlord may provide a written notice requiring payment within three (3) days or possession of the Premises.

Material Non-Compliance: Pursuant to Miss. Code Ann. § 89-8-13, if there is a material non-compliance by the Tenant with the rental agreement or with the obligations under Section 89-8-25, the Landlord may deliver a written notice to the Tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days.

XIV. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was constructed:

XV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, specifically the "Residential Landlord and Tenant Act" (Miss. Code Ann. § 89-8-1 et seq.).

XVI. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered in person or sent by certified mail, return receipt requested, to the addresses listed below:

Landlord's Notice Address:

Tenant's Notice Address:

XVII. ADDITIONAL TERMS AND CONDITIONS

The Parties agree to the following additional terms:

XVIII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, agreements, or representations. This Agreement may only be modified or amended in writing signed by both Parties.

XIX. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

LANDLORD SIGNATURE

Signature: _________________________
Date:
Print Name: _______________

TENANT SIGNATURE

Signature: _________________________
Date:
Print Name: _______________

What is a Mississippi Lease Agreement?

A Mississippi Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) for the rental of residential or commercial property within the state. This document outlines the specific terms of the tenancy, including the duration of the lease, monthly rent amount, security deposit requirements, and the responsibilities regarding maintenance and utilities. By signing this agreement, both parties consent to adhere to the stipulations set forth, which serves as the primary legal instrument for resolving disputes and ensuring compliance with the Mississippi Residential Landlord and Tenant Act.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Mississippi is primarily governed by Title 89, Chapter 8 of the Mississippi Code Annotated, known as the Residential Landlord and Tenant Act. This legislation establishes the minimum standards for rental agreements and overrides any lease provisions that attempt to waive a tenant's statutory rights. For instance, while landlords have broad discretion in drafting lease terms, they cannot enforce clauses that contradict state laws regarding security deposit returns or the implied warranty of habitability.

Federal laws also play a significant role in the validity of a Mississippi Lease Agreement. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Additionally, for buildings constructed prior to 1978, federal regulations mandate the inclusion of a Lead-Based Paint Disclosure to inform tenants of potential health risks associated with lead exposure.

Security Deposits and Rent Regulations

Mississippi law provides specific guidelines regarding financial transactions between landlords and tenants. Unlike some jurisdictions, Mississippi does not impose a statutory limit on the maximum amount a landlord may charge for a security deposit. However, the state is strict regarding the return of these funds. According to Miss. Code Ann. § 89-8-21, a landlord must return the security deposit, less any reasonable deductions for damages beyond normal wear and tear, within 45 days of the termination of the tenancy.

Regarding rent, the state does not enforce rent control measures, allowing landlords to set rental rates at their discretion. Furthermore, there is no statutory grace period for rent payments; rent is considered late immediately after the due date unless the lease agreement specifies otherwise. Consequently, the document must clearly state the due date and the specific conditions under which late fees will be applied.

Required Elements of a Valid Mississippi Lease Agreement

To ensure enforceability in a court of law, a lease agreement in Mississippi must contain specific components. Missing or vague information can lead to legal ambiguities during eviction proceedings or damage claims.

  • Party Identification: Full legal names of the landlord and all adult tenants.
  • Property Description: The physical address and unit number of the premises.
  • Term of Tenancy: Clear start and end dates for fixed-term leases, or commencement dates for month-to-month arrangements.
  • Financial Terms: The exact rent amount, due date, acceptable payment methods, and security deposit amount.
  • Lead-Based Paint Disclosure: Required for properties built before 1978 under 42 U.S. Code § 4852d.
  • Notice Address: An address where the tenant can send official legal notices to the landlord.

Termination and Eviction Procedures

The lease agreement dictates the protocol for ending a tenancy, but it must align with state statutes. for a standard termination of a month-to-month tenancy, Mississippi requires a written notice of at least 30 days from the landlord or the tenant. For fixed-term leases, the tenancy typically terminates automatically upon the expiration date unless a renewal clause is activated.

In cases of non-payment of rent, the landlord may issue a 3-Day Notice to Pay or Quit. If the tenant fails to pay the outstanding rent within three days, the landlord may proceed with eviction filings. For lease violations other than non-payment, such as unauthorized pets or property damage, a 30-Day Notice to Cure or Quit is generally required, giving the tenant time to rectify the issue before the lease is terminated.

How to Execute a Mississippi Lease Agreement

Completing a rental contract involves several distinct stages to ensure all parties understand their obligations and the document is legally sound.

  1. Step 1: Negotiation of Terms – The landlord and tenant discuss the rent amount, lease duration, pet policies, and utility responsibilities.
  2. Step 2: Tenant Screening – The landlord typically conducts a background and credit check using a rental application to verify the tenant's ability to pay.
  3. Step 3: Drafting the Agreement – The terms agreed upon are transcribed into the lease document, incorporating all necessary disclosures required by Mississippi and federal law.
  4. Step 4: Walk-Through Inspection – Both parties inspect the property to document pre-existing damages, often utilizing a move-in checklist to protect the security deposit.
  5. Step 5: Signing and Payment – The landlord and tenant sign the document. The tenant pays the first month's rent and security deposit, and the landlord provides the keys to the premises.

Yes, verbal lease agreements are generally valid in Mississippi for tenancies that are one year or less. However, written agreements are strongly preferred as they provide clear evidence of the terms and conditions in the event of a legal dispute.
No, Mississippi state law does not mandate a grace period for rent payments. Rent is legally due on the date specified in the lease, and landlords may consider it late the following day unless the contract voluntarily offers a grace period.
Mississippi allows a "repair and deduct" remedy under specific circumstances outlined in Miss. Code Ann. § 89-8-15. If a landlord fails to make necessary repairs after receiving written notice, the tenant may repair the defect and deduct the cost from the rent, provided the cost does not exceed one month's rent.
Mississippi statutes do not specify a mandatory notice period for landlord entry. However, most lease agreements include a provision requiring 24 to 48 hours of notice for non-emergency situations to respect the tenant's right to quiet enjoyment.
There is no statutory limit on the amount a landlord can charge for a security deposit in Mississippi. The amount is determined by the agreement between the landlord and the tenant, though it is typically equal to one or two months of rent.
Under Miss. Code Ann. § 89-8-21, a landlord must return the tenant's security deposit, along with an itemized list of any deductions, within 45 days after the termination of the tenancy and delivery of possession.

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