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In Mississippi, a rental and lease agreement is used between a lessor and a lessee to rent a property. When a potential lessee has toured the property and is satisfied, they will usually complete a rental application that allows the landlord to ascertain their employment status and background information. Once the contract is signed by both parties, it becomes legally binding. Rental Application – Used by the lessor for obtaining the lessee’s personal, financial, and work-related details to ensure their capability to afford the rent.
Laws – Title 89 – Real and Personal Property > Chapter 7 – Landlord and Tenant, Title 89 – Real and Personal Property > Chapter 8 – Residential Landlord and Tenant Act
Guides – Moving In: A Guide to Landlord-Tenant Law, Cur-RENT Law for Landlords and Tenants (Mississippi Bar)
Commercial Rental Lease Agreement – This a contract used for leasing a space to be used for commercial enterprises. The type of commercial space varies and the obligations of the tenants are considerably more than those with a residential lease.
Monthly Rental lease Agreement – Created in accordance with § 89-8-19 and can be canceled whenever by either party with a thirty days notice. It’s ideal for people that are in between permanent residences.
Rent-to-Own Rental Agreement – This follows the clauses of a typical lease but has an additional section that allows the occupant to acquire the property at a later date when certain conditions are met. The landlord can stipulate what those conditions are and the price can be determined ahead of time or at the time when the tenant exercises their right to purchase.
Roommate Lease Agreement – This is a contract that governs the behavior of people that live together. It details their responsibilities to each other and to the landlord.
Standard Residential Rental Contract – This is the most common type of residential lease agreement used in Mississippi. It has standard terms related to rent, security deposit, termination, etc., and comes with a fixed expiration date.
Sublease Agreement – A tenant with an active residential lease with a landlord re-lets their space to a new tenant (subtenant) who assumes the responsibility for the premises for the remainder of the lease term. Also available are two types of subleases; a commercial sublease and a residential sublease.
Lead-Based Paint Disclosure – As required by law, the landlord must inform all tenants, for all buildings constructed prior to 1978, of the presence of lead-based paint material on the interior that may be hazardous to the occupants.
Maximum – No limit.
Returning (§ 89-8-21) – The property owner is required to return all security deposits within forty-five days after the termination of occupancy.
No set date, hence rent due date is agreed upon by the lessor and lessee.
Late payment of Rent – No State limit for late payment. Any fees are required to be included in the rental contract and should be within reasonable limits.
Funds Insufficiency – There is a cap on the fee a property owner can charge when an occupant’s check fails. See (§ 97-19-57).
State law does not demand the property owner to provide notice prior to entering the premises for repair work or any other cause. With that being said, it’s recommended that you provide at least 24 hour notice to respect the privacy of your tenants.