How much notice does a landlord have to give before eviction in Mississippi?

Mississippi sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Mississippi; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Mississippi?

Under Mississippi law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Mississippi.

State Reference Guide · South

Mississippi
Tenant Rights.

This guide provides a detailed overview of the laws governing residential tenancies in Mississippi. Primarily governed by the Mississippi Residential Landlord and Tenant Act (MRLTA), state law defines the rights and responsibilities of both parties.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit

No Limit

Deposit Return Deadline

45 Days

Notice to Pay Rent

3 Days

Notice for Lease Breach

14 Days

What rights do tenants have in Mississippi?

Tenants in Mississippi are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Mississippi sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Mississippi law regulates how security deposits are handled, primarily to ensure tenants receive their funds back if they have fulfilled their lease obligations.

Maximum Amount

Mississippi statute does not set a limit on how much a landlord can charge for a security deposit.

Return Deadline

Landlords must return the security deposit (or the remaining portion) within 45 days after the termination of the tenancy and delivery of possession by the tenant (Miss. Code Ann. § 89-8-21).

Itemization Requirements

If the landlord retains any portion of the deposit, they must provide a written, itemized notice of the specific deductions. Deductions are allowed for: - Unpaid rent.Cleaning expenses (beyond "normal wear and tear").Repairs for damage caused by the tenant’s breach of the lease.

Penalties for Non-Compliance

If a landlord "bad faith" retains a deposit in violation of the law, a tenant may be awarded the amount due plus damages up to $200.00 (Miss. Code Ann. § 89-8-21(3)).

NOTICE

Eviction Notices

Mississippi has some of the shortest eviction timelines in the United States.

Nonpayment of Rent

If rent is late, the landlord must provide a 3-day notice to pay or quit. If the tenant does not pay within those three days, the landlord can file for eviction immediately (Miss. Code Ann. § 89-8-13).

Lease Violations (Curable)

For violations of the lease other than nonpayment (e.g., unauthorized pets), the landlord must provide a 14-day notice. The tenant has 14 days to "cure" (fix) the violation. If the breach is not remedied within 14 days, the rental agreement terminates. If the same violation occurs within six months, the landlord can terminate the lease with a subsequent 14-day notice (Miss. Code Ann. § 89-8-13(3)).

Month-to-Month Termination

To end a month-to-month lease without a specific cause, either party must give at least 30 days' written notice (Miss. Code Ann. § 89-8-19).

Immediate Removal

Unlike many states, once a judge grants an eviction in Mississippi, the landlord can often request the "immediate" removal of the tenant and their belongings, depending on the court order.

NOTICE

Landlord Entry Requirements

Mississippi is unique in that state statutes do not mandate a specific notice period (like 24 or 48 hours) before a landlord enters a rental unit.

Notice Period

Because the MRLTA is silent on this, the notice period is governed entirely by the written lease agreement. If the lease says 24 hours' notice is required, the landlord must provide it. If the lease is silent, the landlord is generally expected to provide "reasonable" notice, though this is not strictly defined by law.

Emergency Exceptions

Landlords may always enter without notice in the event of an emergency (e.g., fire, flooding pipe).

MONEY

Rent Control and Increases

Rent Control Status

There is no rent control in Mississippi.

State Preemption

Mississippi law explicitly prohibits local governments (cities or counties) from enacting their own rent control ordinances. The state maintains total control over rental pricing regulations (Miss. Code Ann. § 89-1-61).

Rent Increases

A landlord can increase rent by any amount, provided they give the tenant proper notice. For a month-to-month lease, this is typically 30 days.

SAFETY

Habitability and Repairs

Landlords are required to maintain the property in a condition that is safe and habitable.

Landlord Obligations

Under Miss. Code Ann. § 89-8-23, landlords must: - Comply with building and housing codes materially affecting health and safety.Maintain the plumbing, heating, and cooling systems in good working order (if provided by the landlord).

Repair and Deduct Rights

Mississippi allows tenants to "repair and deduct," but the rules are very strict (Miss. Code Ann. § 89-8-15): - The tenant must provide written notice of the defect.The landlord has 30 days to fix it.If not fixed, the tenant can pay for the repair and deduct the cost from the rent.Limits: The deduction cannot exceed one month’s rent, and this right can only be exercised once every six months.Caution: This does not apply if the tenant or their guest caused the damage.

SAFETY

Retaliation Protections

Mississippi provides minimal statutory protection against landlord retaliation compared to states that follow the Uniform Residential Landlord and Tenant Act (URLTA).

Status

While some states automatically assume retaliation if a landlord evicts a tenant shortly after the tenant complains to a building inspector, Mississippi does not have a strong "presumption of retaliation" statute.

Tenant Defense

A tenant can attempt to argue in court that an eviction is retaliatory (for example, if it follows a report of a code violation), but the burden of proof is high for the tenant.

LEASE

Lease and Disclosure Requirements

Oral vs. Written

Leases for one year or less can be oral and are legally binding. However, any lease longer than one year must be in writing to be enforceable (Miss. Code Ann. § 15-3-1).

Required Disclosures

Lead-Based Paint: (Federal Requirement) For buildings built before 1978.Identification: The tenant must be provided with the name and address of the property manager and the owner for the purpose of service of process and receiving notices.

Late Fees

There is no state cap on late fees, but they must be "reasonable" and clearly stated in the written lease.

Summary

Quick reference table.

Feature	Mississippi Law	Statute Citation
Security Deposit Limit	No limit	N/A
Deposit Return Deadline	45 Days	§ 89-8-21
Notice to Pay Rent	3 Days	§ 89-8-13
Notice for Lease Breach	14 Days	§ 89-8-13(3)
Landlord Entry Notice	Not specified (Check lease)	N/A
Repair and Deduct	Yes (1 month's rent max)	§ 89-8-15
Rent Control	Prohibited (Preempted)	§ 89-1-61

Cities with local protections

These Mississippi cities layer extra tenant protections on top of state law: Biloxi, Brandon, Byram, Canton, Cleveland, Clinton, Columbus, Ellisville, Gautier, Gulfport, Hattiesburg, Jackson, Oxford, Starkville.

Common Questions

Frequently Asked

Security deposit limits in Mississippi are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Mississippi statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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