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Mississippi Landlord-Tenant Law 2026: The Complete Handbook

No deposit cap, 45-day return deadline, 3-day eviction notice, no late fee limits, no statutory entry notice. Every Mississippi rule with exact statutes.

Tenby Team·

Quick answer

Mississippilate fee & security deposit rules (2026)

In Mississippi, a landlord's late fee has no statutory cap (it must be reasonable and stated in the lease), and no grace period is required by state law. Security deposits are limited to no statutory limit and must be returned within 45 calendar days of move-out.

  • Late fee cap: No statutory cap
  • Grace period: None required by state law
  • Max security deposit: no statutory limit
  • Deposit return deadline: 45 calendar days after move-out
  • Deposit escrow: Not required
  • Statutes: Miss. Code § 89-8-21

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Mississippi-specific rules — security deposit deadlines, late fee rules, and eviction notice requirements — automatically enforced for every Mississippi property.

Mississippi's landlord-tenant relationship is governed primarily by Title 89, Chapters 7 and 8 of the Mississippi Code. Mississippi is one of the most landlord-friendly states in the country — no deposit cap, no late fee rules, no statutory entry notice, and a 3-day eviction notice for nonpayment. Here's everything you need to know.

Security deposits in Mississippi

RuleMississippi Law
Maximum depositNo statutory limit
Return deadline45 days after move-out (Miss. Code § 89-8-21)
Escrow required?No
Interest required?No
Itemized deductions?Yes — written itemized statement required (Miss. Code § 89-8-21)
Pet deposit allowed?Yes

Key details:

  • There is no statutory cap on the deposit amount
  • The deposit (or an itemized statement of deductions with any remaining balance) must be returned within 45 days after the tenant vacates (Miss. Code § 89-8-21)
  • Deductions must be itemized in writing — keep receipts and photos behind every line item
  • No escrow account and no interest payments are required

> Check your deposit: Use our free Mississippi security deposit calculator to verify your deposit handling and return deadline are compliant.

Eviction process in Mississippi

Mississippi's eviction process moves fast. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal — always go through the courts.

Step 1: Serve proper notice

ReasonNotice PeriodNotice Type
Nonpayment of rent3 days3-Day Notice to Pay or Vacate (Miss. Code § 89-7-27)
Month-to-month termination30 daysNotice of Termination (Miss. Code § 89-8-19)

The 3-day notice for nonpayment is one of the shortest in the country. Serve it in writing and keep proof of service.

Step 2: File the eviction action

If the tenant does not pay or vacate within the notice period, file an eviction action in the court with jurisdiction over the property.

Step 3: Court hearing

Both parties present their case. Bring the lease, the served notice, and your payment records.

Step 4: Judgment and execution

If the court rules for the landlord, a judgment issues and law enforcement executes it if the tenant still refuses to leave.

Total timeline: With a 3-day notice, uncontested Mississippi evictions are among the fastest anywhere.

Late fees in Mississippi

RuleMississippi Law
Grace periodNot required by statute
Maximum feeNo statutory cap — must be in the lease
Must be in lease?Yes
Daily fees allowed?Yes, if specified in lease

> Calculate your late fee: Use our free Mississippi late fee calculator to check if your proposed fee is compliant with Mississippi law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.

Mississippi has no statutory grace period and no statutory cap on late fees — the lease controls. Courts can still refuse to enforce a fee they consider an unreasonable penalty. Best practice: keep late fees in the range of 5-10% of monthly rent so they're defensible if challenged.

Landlord entry in Mississippi

RuleMississippi Law
Notice required?No statutory provision
Minimum notice periodNot specified by statute
Emergency exceptionsEmergencies permit entry without notice as a practical matter

Mississippi has no statute specifying how much notice a landlord must give before entering a rental unit. Put an entry provision in your written lease — 24 hours' notice for non-emergency entry is the standard practice and what most form leases use.

Required disclosures in Mississippi

Mississippi imposes no state-specific pre-lease disclosure forms. The required disclosures are federal:

  1. Lead paint disclosure — landlords must disclose known lead-based paint hazards for properties built before 1978 (federal requirement)
  2. EPA pamphlet — provide the "Protect Your Family From Lead in Your Home" pamphlet for pre-1978 properties (federal requirement)
  3. Best practice: even without a state mandate, disclose known material defects in writing and document the unit's move-in condition with photos.

    Rent increase rules in Mississippi

    • No rent control — Mississippi does not have rent control
    • For month-to-month tenancies, the 30-day termination notice (Miss. Code § 89-8-19) effectively sets the notice floor for implementing rent increases
    • Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
    • There is no cap on the amount of a rent increase

    Maintenance obligations

    Landlord must:

    • Maintain the property in habitable condition
    • Comply with applicable building and housing codes
    • Keep essential systems (plumbing, heating, electrical) in working order
    • Keep common areas safe and clean
    • Make repairs within a reasonable time after notice

    Tenant must:

    • Keep the unit clean and sanitary
    • Use fixtures, appliances, and systems reasonably
    • Not damage or destroy the premises
    • Notify the landlord of needed repairs promptly
    • Allow reasonable access for necessary repairs

    Tenant rights in Mississippi

    Tenants in Mississippi have the right to:

    • Habitable housing — the landlord must keep the premises fit for habitation
    • No statutory rent withholding — Mississippi does not provide a statutory rent-withholding remedy; tenants must pursue repair issues through the courts
    • No statutory repair-and-deduct — Mississippi likewise provides no statutory repair-and-deduct remedy
    • Security deposit protections — itemized deductions and the 45-day return deadline under Miss. Code § 89-8-21
    • Freedom from self-help eviction — lockouts and utility shutoffs are illegal; eviction must go through the courts
    • Fair housing — protection from discrimination under the federal Fair Housing Act
    • Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections

    How Tenby helps Mississippi landlords

    Tenby's compliance engine handles Mississippi-specific requirements automatically:

    • 45-day deposit return tracking with countdown alerts (Miss. Code § 89-8-21)
    • Itemized deduction statements generated with photo documentation
    • 3-day notice to pay or vacate timeline guidance for nonpayment evictions
    • 30-day termination notice tracking for month-to-month tenancies (Miss. Code § 89-8-19)
    • Late fee reasonableness guidance since Mississippi has no statutory cap
    • Federal lead paint disclosure checklist for pre-1978 properties

    The bottom line

    Mississippi is among the most landlord-friendly states in the country: no deposit cap, no late fee cap, no required grace period, no statutory entry notice, no state disclosure forms, and a 3-day pay-or-vacate notice. The key requirements to remember: return the deposit with an itemized statement within 45 days (Miss. Code § 89-8-21), serve a written 3-day notice before filing an eviction (Miss. Code § 89-7-27), and give 30 days' notice to end a month-to-month tenancy (Miss. Code § 89-8-19). Put your late fee and entry terms in the lease, document everything, and you'll avoid most legal issues.

Landlord Law Watch

Never miss a Mississippi law change

This guide is current today — but Mississippi's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment Mississippi moves: what changed, old vs. new, and what to update in your lease.

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