Mississippi (MS) lease form

Mississippi Residential Lease Agreement

Mississippi's Residential Landlord and Tenant Act (Miss. Code Ann. Title 89, Chapter 8) governs written lease agreements for residential rentals statewide. The state is considered landlord-friendly with relatively few mandatory disclosures, but landlords must avoid clauses that waive tenants' statutory rights under Chapter 8, which courts will void regardless of what both parties signed.

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Required disclosures

Lead-Based Paint Disclosure (Federal)

Required for all dwellings built before 1978. Landlord must disclose known lead-based paint hazards and attach the EPA pamphlet 'Protect Your Family from Lead in Your Home' before the tenant signs the lease.

Landlord Identity and Notice Address

Under Miss. Code Ann. Section 89-8-23, landlords must disclose in writing the name and address of the person authorized to manage the premises and to receive official notices and legal service of process on the landlord's behalf.

Clauses your lease should include

Identify all parties by full legal name, including every adult tenant, and state the complete address of the rental unit so the property subject to the agreement is unambiguous.
State the rent amount, the due date, and the accepted payment methods; Mississippi courts look to the lease itself to establish the agreed rent obligation.
Specify the lease term with exact start and end dates; under Miss. Code Ann. Section 89-8-19, a tenancy without a stated term defaults to month-to-month, which changes notice requirements.
Include a security deposit clause that states the dollar amount held and confirms the landlord will return it within 45 days of move-out, consistent with Miss. Code Ann. Section 89-8-21.
State any rules governing pets, smoking, subletting, and alterations so that tenant obligations are clear and enforceable under the implied duty of good faith in Section 89-8-5.
Include a clause specifying which utilities each party is responsible for paying, because Mississippi law does not assign utility responsibility by default.
Include a governing law clause confirming the agreement is governed by Mississippi law and that any disputes are subject to the courts of the county where the property is located.

Clauses to avoid in Mississippi

A clause requiring the tenant to waive the implied warranty of habitability is void under Miss. Code Ann. Section 89-8-23, which imposes non-waivable maintenance duties on landlords.
A clause prohibiting the tenant from exercising the statutory repair-and-deduct remedy under Miss. Code Ann. Section 89-8-15(1) cannot be enforced, even if signed by both parties.
Any lease term that discriminates on the basis of race, color, religion, sex, national origin, familial status, or disability violates the federal Fair Housing Act and is void as a matter of law.
A self-help eviction clause purporting to allow the landlord to lock out, remove belongings, or cut utilities without a court order is unenforceable; Mississippi requires judicial process for all evictions.
A clause that waives the tenant's right to proper written notice before termination of a month-to-month tenancy conflicts with the notice requirements in Miss. Code Ann. Section 89-8-19 and will not hold up in court.
An automatic renewal clause that does not give the tenant reasonable advance written notice of the renewal term may be challenged as unconscionable under general Mississippi contract principles.

Drafting tips

Use a written lease for every tenancy regardless of term length; Mississippi law does not require a written lease for month-to-month arrangements, but a signed written agreement is the only reliable evidence of agreed terms.
Conduct and document a move-in and move-out inspection with dated photos to support any security deposit deduction claims within the 45-day return window.
Deliver the landlord name and address disclosure in the lease body itself rather than a separate addendum so no required information can be separated from the signed agreement.
Include a written pet addendum with a separate pet fee or pet deposit line item rather than burying pet terms in the main lease, which simplifies enforcement if damage occurs.

General information, not legal advice. Governing statute: Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. Title 89, Chapter 8 (Sections 89-8-1 through 89-8-45). Confirm current requirements or consult an attorney before finalizing a lease.

Mississippi lease FAQ

Common questions

Does Mississippi require a written lease agreement for residential rentals?

Mississippi law does not mandate a written lease, but without one the tenancy defaults to month-to-month under Miss. Code Ann. Section 89-8-19 and the landlord loses the ability to enforce specific verbal terms, making a signed written agreement strongly advisable.

What disclosures must a Mississippi landlord provide before a tenant signs a lease?

The only disclosure required by Mississippi state law is the landlord's name and address under Section 89-8-23. Federal law adds a lead-based paint disclosure and EPA pamphlet for all pre-1978 housing, which applies in Mississippi like every other state.

Can a Mississippi lease include an 'as-is' clause waiving the landlord's duty to repair?

No. Courts will void any lease clause that waives the landlord's non-waivable duty to maintain the premises in a habitable condition under Miss. Code Ann. Section 89-8-23, even if the tenant agreed in writing.

Is a verbal lease enforceable in Mississippi?

A verbal month-to-month agreement can be enforceable in Mississippi for basic terms like rent amount and tenancy type, but it leaves both parties with no written record of house rules, pet policies, or deposit amounts, creating significant risk if a dispute arises.

All state lease forms

Mississippi Residential Lease Agreement