Mississipi Rental Laws
| Termination for Nonpayment Notice (Eviction Notice) | 3-Day Notice Miss.Code Ann. § 89-7-27 – Proceedings against tenant holding over Mississippi Eviction Process and Timeline |
| Termination for Lease Violation Notice | 14-Day Notice § 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security |
| Small Claim Court Limit | Mississippi Small Claim Court Limit is $3,500 |
| Handling Abandoned Property | § 89-7-31. Issuance of summons; notice that landlord may dispose of tenant’s personal property if judge awards exclusive possession of premises § 89-7-35. Proceedings for removal; disposition of tenant’s abandoned personal property. § 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security |
| Penalty for Self-Help Eviction | No statute |
| Tenant Withholding Rent for Repairs | § 89-8-15 – Repair of defects by tenant |
| Required Disclosures | No statute |
| Non-Refundable Fees | |
| Security Deposit Rules | Security Deposit Amount: No limit ; Deadline to itemize and return of security deposit: 45 days § 89-8-21. Tenant’s security deposit |
| Month-to-Month Notice | 30 Days |
| Payment of Rent | No statute |
| Property Entry Notice | No statute |
§ 89-7-27 – Proceedings against tenant holding over
A tenant or lessee at will or at sufferance, or for part of a year, or for one (1) or more years, of any houses, lands, or tenements, and the assigns, under-tenants, or legal representatives of such tenant or lessee, may be removed from the premises by the judge of the county court, any justice of the peace of the county, or by the mayor or police justice of any city, town, or village where the premises, or some part thereof, are situated, in the following cases, to wit:
First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of the landlord.
Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when satisfaction of the rent cannot be obtained by distress of goods, and three (3) days’ notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person owing the same.
§ 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security
(1) If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
(2) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
(3) The nonbreaching party may deliver a written notice to the party in breach 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 thirty (30) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate;
(b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days’ written notice specifying the breach and the date of termination of the rental agreement;
(c) Neither party may terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his family or other person on the premises with his consent.
(4) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.
(5) Notwithstanding the provisions of this section or any other provisions of this chapter to the contrary, if the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord shall not be required to deliver thirty (30) days’ written notice as provided by subsection (3) of this section. In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972.
§ 89-7-35. Proceedings for removal; disposition of tenant’s abandoned personal property.
- (1) If, at the time appointed, it appears that the summons has been duly served, and if sufficient cause is not shown to the contrary, the magistrate shall issue his warrant to the sheriff or any constable of the county, or to a marshal of the municipality in which the premises, or some part thereof, are situated, commanding him to remove all persons from the premises, and to put the applicant into full possession thereof.
- (2) If the summons complied with the requirements of Section 89-7-31(2) and if the tenant has failed to remove any of tenant’s personal property, including any manufactured home, from the premises, then, if the judge has not made some other finding regarding the disposition of any personal property in the vacated premises, the personal property shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
§ 89-8-15 – Repair of defects by tenant
(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant:
(a) May repair such defect himself; and
(b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that:
(i) The tenant has fulfilled his affirmative obligations under Section 89-8-25;
(ii) The expenses incurred in making such repairs do not exceed an amount equal to one (1) month’s rent;
(iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and
(iv) The tenant is current in his rental payment.
(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an amount greater than the usual and customary charge for such repairs.
(3) Before correcting a condition affecting facilities shared by more than one (1) dwelling unit, the tenant shall notify all other tenants sharing such facilities of his plans and shall so arrange the work as to create the least practicable inconvenience to the other tenants.
(4) The cost of repairs made by a tenant pursuant to this section may be offset against future rent.
(5) No provision of this section shall be construed to grant a lien against the real property.
