Mississippi Property Management Laws

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.

Title 89 – Real and Personal Property

Code	Description
Chapter 1 (§§ 89-1-1 to 89-1-527)	Land and Conveyances
Chapter 2 (Arts 1-3)	Liability of Recreational Landowners
Chapter 3 (§§ 89-3-1 to 89-3-15)	Acknowledgments
Chapter 5  (Arts 1-3)	Recording of Instruments
Chapter 6 (§§ 89-6-1 to 89-6-19)	Mississippi Plane Coordinate System
Chapter 7 (§§ 89-7-1 to 89-7-125)	Landlord and Tenant
Chapter 8 (§§ 89-8-1 to 89-8-29)	Residential Landlord and Tenant Act
Chapter 9 (§§ 89-9-1 to 89-9-37)	Condominiums
Chapter 11 (§§ 89-11-1 to 89-11-31)	Escheats
Chapter 12 (§§ 89-12-1 to 89-12-59)	Uniform Disposition of Unclaimed Property Act
Chapter 13 (§§ 89-13-1 to 89-13-23)	Party Fences
Chapter 15 (§§ 89-15-1 to 89-15-11)	Party Walls
Chapter 17  (§§ 89-17-1 to 89-17-27)	Salvage
Chapter 19  (§§ 89-19-1 to 89-19-15)	Mississippi Conservation Easements
Chapter 21  (§§ 89-21-1 to 89-21-17)	Uniform Disclaimer of Property Interests Act
Chapter 23 (§§ 89-23-1 to 89-23-27)	Mississippi Uniform Environmental Covenants Act
Chapter 25 (§§ 89-25-1 to 89-25-15)	Mississippi Uniform Statutory Rule Against Perpetuities

Property Management Laws

In Mississippi, property management is considered a real estate activity. As such, property management companies must maintain an up-to-date real estate broker license in order to operate legally. A broker license is required to take part in any kind of real estate transactions, including listing, renting, managing or negotiating lease terms for properties. 

However, there are exceptions to the license requirement. Property owners and salaried employees carrying out management activities are exempt and do not need a license. Community or condo association managers also do not need a broker license. 

The requirements for a broker license in Mississippi are as follows: 

• Demonstration of trustworthiness
• An active sales license for the preceding 12 months
• 120 classroom hours studying real estate law, either in a college setting or through a Mississippi approved pre-license educator
• Mississippi residency at the time of application
• At least 21 years of age
• A passing score on the broker exam

A sales license — one of the prerequisites for a broker license — must be at least 18, take 60 hours of approved classroom classes, demonstrate trustworthiness and pass the applicable licensing exam. 

Rental Application Laws

What application fees are allowed? 

There are no laws related to application fees in the state of Mississippi, but local or county ordinances may apply. There are also no laws related to refunding application fees; as such, property managers are permitted to keep application fees, even if an application is ultimately denied. Landlords are encouraged to limit application fees to the costs of processing applications and running background or credit checks. 

Can property managers prescreen candidates?

Yes, there are no laws related to policies on prescreening candidates. Provided an applicant signs a form permitting a background check, property managers are allowed to run background and credit checks as necessary. 

While the information unearthed in a background check can be used to determine eligibility, it is important to note that any information related to protected characteristics, such as gender and race, cannot be used to make rental decisions. These are protected under the Fair Housing Act of 1968 federal law as well as state-level laws to prevent against housing discrimination. 

Security Deposit Laws

Are additional move-in fees allowed?  

There are no laws regarding additional move-in fees charged by landlords in Mississippi. There may be county, city or regional rules that apply. 

Is there a limit on the security deposit amount that can be charged? 

There are no set laws governing minimum or maximum amounts that can be charged as a security deposit. State law only dictates the amount of a security deposit should reflect “only such amounts as are reasonably necessary to remedy the tenant’s defaults in the payment of rent, to repair damages to the premises caused by the tenant” (Miss. Code Ann. § 89-7-125). 

Does the landlord have to hold the security deposit in a specific way during occupancy? 

There are no laws related to how a landlord must hold a security deposit in Mississippi. There may be county, city or regional rules that apply. However, best practices dictate that property managers should hold security deposits in a separate escrow account to ensure deposits are properly collected and maintained during tenancy. 

How long does the landlord have to return the security deposit after move out? 

Security deposits must be returned to tenants within 45 days of termination of the lease (Miss. Code Ann. § 89-7-125). 

What are the reasons why a landlord can withhold part or all of the security deposit?

Landlords can withhold all or part of a security deposit to cover a failure to pay rent as well as any property maintenance that goes above and beyond normal wear and tear associated with residence (Miss. Code Ann. § 89-7-125). Landlords are required to provide an itemized list of expenses to the tenant to account for the ways in which a security deposit is used. 

What is the penalty if the landlord doesn’t return the security deposit? 

If a landlord doesn’t return a tenant’s security deposit within the allotted time frame or does not provide an itemized list to the tenant for any reasons outside of a good faith, they will be required to pay a fine of no more than $200 as well as any additional damages that apply (Miss. Code Ann. § 89-7-125). 

Laws About Leases and Lease Termination

What types of lease terms are allowed? 

There are no limits on what lease terms are allowed. Landlords are permitted to set the lease duration at any period of time desired. However, if no term is outlined in a rental agreement, tenancy is assumed to be week to week (Miss. Code Ann. § 89-8-19). Week-to-week leases have a notification period of 7 days. 

What happens if the tenant violates the lease? 

If a tenant violates the lease, landlords must follow specific steps in order to commence the eviction process (Miss. Code Ann. § 89-8-13).

First, a landlord must notify the tenant of the violation in writing. Email and text message are permitted if the tenant has agreed to these methods of contact. The landlord must provide notice that unless lease violations are remedied within 14 days, the lease agreement will be terminated. If the tenant performs the same act that leads to lease violation within the following six months, the 14-day period is waived and the landlord may terminate the lease immediately. At the time of lease termination, the landlord must repay any prepaid or unearned rent. 

It is important to note that the 14-day grace period does not apply when a lease is violated due to a lack of rent payment. 

How much notice is required for a month-to-month lease termination? 

A period of at least 30 days is required for the termination of a month-to-month lease (Miss. Code Ann. § 89-8-19).

When can a tenant terminate a term lease without penalty? 

The laws of notice applicable to landlords under Miss. Code Ann. § 89-8-13 actually apply to the tenant as well. If a landlord violates a lease, the tenant can notify the landlord. The landlord then has a maximum of 14 days to remedy the issue. 

Tenants can violate leases due to a failure on the part of the landlord to maintain his outlined duties (Miss. Code Ann. § 89-8-23), which include following building codes on policies related to health and safety and maintaining all necessary services, including plumbing and access to a heating system. Tenants can also terminate the lease without penalty upon death (Miss. Code Ann. § 89-8-29), even if a cosigner is involved. 

How much notice do service members have to supply before terminating the lease?

Under the federal War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501, service members are permitted to break a lease without penalty. A lease is considered terminated 30 days after a service member provides notice of leaving to fulfill military obligations. 

Are there special lease termination rules for victims of domestic violence? 

No. There are no special lease termination rules for victims of domestic violence in Mississippi, but there may be county, city or regional rules that apply. 

How and when can a landlord evict a tenant? 

A landlord can evict a tenant whenever a tenant’s responsibilities aren’t met, the terms of the lease are violated or a tenant fails to make rent payments. Tenant duties include responsibilities like keeping a property clean, appropriately disposing of all garbage, using utilities in a reasonable manner and maintaining a peaceful and non-disruptive environment (Miss. Code Ann. § 89-8-25).

Eviction can only occur when proper notification guidelines are met based on the requirements outlined in Miss. Code Ann. § 89-8-13. In general, this means a 14-day notice period to remedy any deficiencies. 

Laws About Rent and Late Fees

When can a landlord increase rent? 

A landlord can increase rent at the end of a lease term (Miss. Code Ann. § 89-8-17). Rent increases cannot be due to retaliation in response to tenant behavior. Notice required depends on lease term; for month-to-month leases, at least 30 days’ notice is required. 

Is there a maximum amount of rent that a landlord can charge tenants? 

There is no maximum amount of rent that landlords can charge in Mississippi. Rent control is not a widely used device in this state; as such, there are no specific ways to address this situation in the state legislation. Local, county, city or regional laws may apply. Rent may be restricted for landlords who own subsidized housing properties. 

Is there a state-mandated grace period that landlords must give tenants before charging a late fee? 

No. There are no required grace periods for rent payments under any circumstances; landlords may begin the eviction process when desired if rent is not paid in a timely manner (Miss. Code Ann. § 89-8-13). 

Is there a limit on how much of a late fee the landlord can charge tenants?

No. There are no limits on the amount of a late fee a landlord can charge in Mississippi, and late fees can be charged as early as the day after rent is due. Landlords do not have to charge late fees and, instead, may move forward with eviction (Miss. Code Ann. § 89-8-13). Local, county, city or regional laws may apply.

Legally Required Disclosures

What types of disclosures are landlords required to supply regarding ownership of the property?

There are no specific disclosures landlords are required to supply regarding property ownership according to the Mississippi state code. Local, county, city or regional laws may apply.

Can the owner designate an agent to serve and receive disclosures?

Yes, a landlord can designate an agent to serve and receive disclosures and to handle other aspects of management (Miss. Code Ann. § 89-8-7).

What disclosures related to mold are landlords required to supply?

Landlords do not have to supply any disclosures related to mold. Local, county, city or regional laws may apply.

What disclosures related to lead paint are landlords required to supply?

Landlords do not have to supply any disclosures related to lead paint. Local, county, city or regional laws may apply.

Laws about Landlord Responsibilities

How much notice does the landlord have to supply before entry? 

There are no specific laws related to how much notice a landlord has to supply prior to entering a tenant’s apartment. Rules regarding entry are usually outlined in a lease agreement and are at management discretion. Local, county, city or regional laws may apply.

When can the tenant refuse to allow the landlord entry? 

There are no specific laws related to when a tenant is permitted to refuse entry. In general, visits outside of normal business hours can be refused, but this will be outlined in a lease agreement. Local, county, city or regional laws may apply.

What steps must the landlord take to keep the property habitable? 

Landlords must make sure properties are habitable for tenants in Mississippi (Miss. Code Ann. § 89-8-23). This includes:

• Upholding all state and local building codes that can affect health and safety
• Dwelling maintenance, including heating and cooling systems and plumbing, and ensuring conditions are similar to their status upon a tenant’s move in

Landlords are also required to act in good faith when maintaining a property (Miss. Code Ann. § 89-8-9).

What amenities must the landlord supply and maintain? 

Landlords are not required to provide any specific amenities per the Mississippi state code. The amenities maintained should be outlined in a lease so that tenants know what to expect. Local, county, city or regional laws may apply.

Amenities that are related to maintaining a safe, healthy environment are a part of a landlord’s duties and are required as such (Miss. Code Ann. § 89-8-23).

What utilities must the landlord supply and maintain? 

The landlord is required to provide several different utilities. Heating systems, electricity, plumbing and running water are required to maintain hospitable standards in Mississippi (Miss. Code Ann. § 89-8-23). Local, county, city or regional laws dictate further responsibilities of landlords in regards to utility requirements. 

Does the landlord have to supply a certificate of inspection? 

No, there are no laws in Mississippi related to a required certificate of inspection. Local, county, city or regional laws may apply. 

Is the landlord required to supply locks and keys?

No, keys and locks are not specifically mentioned in the Mississippi state code. Landlords are encouraged to provide these features but are not required to do so. Local, county, city or regional laws may apply. 

Are retaliatory actions prohibited?  

Yes, retaliatory actions are prohibited in the state of Mississippi. This includes raising rent as a retaliation against a tenant’s behavior (Miss. Code Ann. § 89-8-17).

Property Maintenance and Repair Laws

What type of maintenance is the landlord responsible for?

Landlords are required to perform any maintenance on elements of the property that are required to maintain a habitable dwelling. This includes electrical repairs, plumbing, heat and repairs to walls and floors that affect structural integrity of a building (Miss. Code Ann. § 89-8-23).

How long does the landlord have to make repairs? 

A landlord has 30 days to make key repairs after receiving written notice by a tenant (Miss. Code Ann. § 89-8-15).

What type of maintenance is the tenant responsible for? 

Tenants are responsible for repairs that are cosmetic in nature, caused by actions that go against lease terms and are not covered by a landlord’s obligations (Miss. Code Ann. § 89-8-25). The specific nature of tenant maintenance requirements are not covered by the Mississippi state code. Local, county, city or regional laws may apply. 

Is the landlord responsible to fix damage caused by tenants? 

Landlords are required to fix damage caused by a tenant if it affects habitability or interferes with any of the utilities the landlord is required to provide. Any problems that affect the property that compromise safe housing is a responsibility of the landlord (Miss. Code Ann. § 89-8-23). Otherwise, tenant damage is the responsibility of the tenant. 

When does a landlord have to return and/or lower rent due to diminished rental value? 

There are no specific rules in the Mississippi state code regarding when it is acceptable to lower rent due to damage to the property. Tenants no longer have to pay rent at all if a residence is destroyed, such as due to a fire that rendered the property uninhabitable (Miss. Code Ann. § 89-7-3).

When can a tenant request an official inspection to determine substandard or dangerous living conditions? 

There are no rules related to when a tenant is permitted to request an inspection. If a tenant feels that a property is no longer livable and the landlord will not act, a tenant can seek an inspection.

Under what circumstances can a tenant make a repair and deduct the cost from the rent paid to the landlord? 

If a landlord does not respond to written repair requests, the tenant is permitted to pay for repairs or perform the repairs himself within 45 days of the submission to the landlord (Miss. Code Ann. § 89-8-15). This is only true if:

• The expenses incurred do not exceed one month’s rent
• The tenant has not exercised this right in the preceding six months
• The tenant is up to date on rent payments

When the repair is complete, the tenant is permitted to bill the landlord for this expense, assuming the amount billed is in line with standard market rates. The cost of repairs can offset future rent payments. If the repair affects multiple units, tenants should determine a repair plan that creates the least possible disturbance for all involved. 

When is a landlord required to pay for relocation assistance?

There are no rules related to eligibility for relocation assistance in Mississippi. In general, relocation is the responsibility of the tenant. Local, county, city or regional laws may apply. In some cases, the federal government may require relocation, but these costs are not the burden of the landlord. 

Who Is Exempt?

In Mississippi, privately owned management companies are permitted to take over the management of subsidized housing facilities (Miss. Code Ann. § 89-8-27). It is important to note that there are different policies regarding things like rent rates and increases, as well as lease terms, for subsidized housing facilities. Landlords are encouraged to do research and contact a real estate attorney in order to follow all state or federal laws related to subsidized or low-income housing properties. 

Additional Rental Law Resources for the State of Mississippi

The above information provides a succinct summary of the laws landlords and tenants need to know about renting property in Mississippi. However, there are additional resources that can assist in facilitating a successful approach to property management. 

Name	Phone Number	Description
MS Legal Help – Landlord and Tenant Law	n/a	A straightforward guide to many landlord-tenant situations that can arise in Mississippi
The Mississippi Bar	(601) 948-4471	A legal resource for attorneys in Mississippi that provides high-level information about tenant and landlord responsibilities
U.S. Department of Housing and Urban Development	(202) 708-1112	The HUD’s resources for Mississippi residents

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.