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Mississippi Residential Lease Agreement

Quick answer: Mississippi sets no statutory cap on security deposits, but the deposit must be returned within 45 days after move-out (Miss. Code Ann. 89-8-21). The sections below cover the deposit rules, the required clauses, and the signing steps.

A residential lease agreement in Mississippi sets the rent, the term, and each party's responsibilities in writing. Mississippi sets no statutory cap on security deposits and requires the deposit back within 45 days after move-out (Miss. Code Ann. 89-8-21).

This template walks you through every clause a Mississippi lease should cover: parties, property, rent and due date, security deposit, maintenance, and house rules. Download the finished lease in Word and PDF.

Create your Mississippi residential lease agreementRead the full Residential Lease Agreement guide

Mississippi security deposit rules

Mississippi security deposit rules at a glance
Security deposit capNo statutory cap: check your state statute and local rules.
Deposit return deadline45 days
StatuteMiss. Code Ann. 89-8-21

Verify before you rely on it

Landlord-tenant statutes change, and cities or counties can add stricter local rules. Confirm the current Mississippi requirement in the statute cited above (or with your local court's self-help resources) before signing your lease.

Residential lease agreement requirements in Mississippi

There is no state-level ceiling on security deposits in Mississippi (see Miss. Code Ann. 89-8-21 for the rules that do apply). Local ordinances can still impose limits, so check your city or county rules, then record the agreed amount, the conditions for deductions, and where the deposit is held directly in the lease.

Once the tenancy ends, Mississippi gives the landlord 45 days to return the security deposit under Miss. Code Ann. 89-8-21, with an itemized statement when anything is deducted. Document the unit's condition at move-in and move-out with dated photos: the itemization is only as strong as the evidence behind it.

The lease should also anticipate how the tenancy ends. If it rolls into a month-to-month arrangement, Mississippi requires 30 days' notice to terminate without cause (Miss. Code Ann. 89-8-19). Spelling out the renewal and termination mechanics in the lease avoids the most common end-of-tenancy dispute: each side assuming a different notice period.

The body of the lease does the everyday work: identify the landlord, every tenant, and the property precisely, fix the term and the rent (amount, due date, grace period, late fee), assign maintenance and utilities, and set the house rules on pets, smoking, subletting, and alterations. Mississippi landlords should also state how much notice they give before entering. The guided form on the main page covers each of these clauses in order.

Federal law adds one universal requirement worth remembering: for housing built before 1978, the landlord must give the tenant the EPA lead-based paint disclosure and pamphlet before the lease is signed. Cities and counties in Mississippi can also layer on their own rules (registration, inspections, rent regulation), so a quick check of local ordinances is part of preparing any lease.

Step by step: preparing your Mississippi residential lease agreement

A lease signing goes smoothly when it follows a fixed order. These are the steps that matter for a Mississippi residential lease.

  1. Screen the tenant first. Run the application, income verification, and references before drafting anything. Fair housing law applies from the first contact: apply the same criteria to every applicant and keep records showing you did.
  2. Agree on the business terms. Settle the rent, the term, the deposit, who pays which utilities, and any pet or parking arrangements before filling in the lease. Negotiating inside a half-signed document creates conflicting versions.
  3. Complete every clause of the lease. Work through the guided form: parties, property, term, rent, deposit, maintenance, and rules. Where Mississippi law sets a boundary (deposit cap, return deadline, entry notice), the lease should match or exceed it, never contradict it.
  4. Attach the required disclosures. Include the federal lead-based paint disclosure for pre-1978 housing and any Mississippi or local disclosures that apply to your property. Disclosures work only when they are delivered before signing, so bundle them with the lease.
  5. Document the move-in condition. Complete a move-in checklist with dated photos, signed by both parties. When the deposit must be accounted for within 45 days at move-out, this record is what separates a legitimate deduction from a dispute.
  6. Sign and distribute copies. Every adult tenant signs, the landlord signs, and each party keeps a full copy with all attachments. No notarization is needed for a standard residential lease; the signatures themselves make it binding.

How this template works in Mississippi

Answer guided questions about the parties, the property, the rent, and the deposit, and the lease writes itself in front of you. Select Mississippi as the property's state and the agreement is captioned accordingly.

The form, the live preview, and the full guide live on the main Residential Lease Agreement page.

Mississippi residential lease agreement FAQ

How much can a landlord charge for a security deposit in Mississippi?

Mississippi has no statutory cap on residential security deposits (Miss. Code Ann. 89-8-21 governs how the deposit is handled), so the amount is set by agreement and market practice. Check for local ordinances, which sometimes add limits state law does not.

How long does a landlord have to return the deposit in Mississippi?

The deposit must be returned within 45 days after the tenancy ends (Miss. Code Ann. 89-8-21), with an itemized statement of any deductions. Tenants should leave a forwarding address in writing; landlords should send the accounting even if the tenant does not ask.

Does a residential lease need to be notarized in Mississippi?

A standard residential lease becomes binding when the landlord and every adult tenant sign it; notarization is not part of the normal signing process for ordinary rental terms. If you want extra proof of who signed, notarizing is an option, and unusually long leases can have recording implications worth checking with local rules.

How much notice is required to end a month-to-month tenancy in Mississippi?

Mississippi requires 30 days under Miss. Code Ann. 89-8-19 for a no-fault termination of a month-to-month tenancy. The lease can require more notice than the statute, but not less.

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