Mississippi (MS) law guide
Mississippi governs residential tenancies under the **Residential Landlord and Tenant Act**, codified at Miss. Code Ann. Title 89, Chapter 8, which took effect July 1, 1991 and covers all dwelling-unit rental agreements entered into after that date. The state is widely regarded as **landlord-friendly**: no security deposit cap exists, rent control is banned by statute at every level of government, and the nonpayment eviction timeline is among the shortest in the Southeast. Tenants retain core habitability rights and federal fair housing protections, but Mississippi places fewer procedural burdens on landlords than most other states.
Security deposit limit
No statutory cap
Deposit return deadline
45 days after move-out
Statewide rent control
Prohibited by state law
Nonpayment eviction notice
3-day pay-or-quit
Mississippi rental market snapshot
Population
~2.95 million (2024 estimate)
Renter households
~30% of households rent
Median rent
~$1,089 (2BR)
Largest rental markets
Jackson, Gulfport, Biloxi, Hattiesburg, Meridian
Mississippi carries the lowest median rents in the nation, with statewide 2BR averages near $1,089 and Gulf Coast markets like Gulfport hovering around $1,127. That affordability, combined with a legal climate that imposes no deposit ceiling and allows rapid nonpayment evictions, makes the state an attractive environment for buy-and-hold investors and property managers operating at scale.
Mississippi imposes no statutory cap on security deposit amounts under Miss. Code Ann. § 89-8-21, meaning landlords may set deposits at one month, two months, or any figure the market will bear. While many landlords follow a practical norm of one to two months' rent, nothing in state law prevents a higher amount for higher-risk tenancies or furnished units. Landlords are not required to hold deposits in a separate escrow account or pay interest on the funds.
After a tenancy ends, a landlord must return the deposit or provide a written, itemized statement of deductions within 45 days of move-out. Permissible deductions include unpaid rent, cleaning costs beyond normal wear and tear, and damages attributable to the tenant rather than ordinary use. If the landlord fails to meet the 45-day deadline or provides an inadequate accounting, the tenant may pursue the withheld amount in small claims court. Mississippi courts have consistently held that vague or unsupported deduction lists do not satisfy the itemization requirement.
Tenants can strengthen their position at move-out by documenting the unit's condition with dated photographs at both move-in and move-out, retaining a copy of any move-in checklist, and providing a forwarding address in writing so the landlord has no grounds to claim the return was delayed by an inability to locate the tenant. Disputes over deposit deductions are among the most common claims filed in Mississippi justice court.
Mississippi is one of a majority of states that prohibits rent control at every level of government. Miss. Code Ann. § 21-17-5(2)(h) expressly bars municipalities and counties from enacting any ordinance that limits the amount a landlord may charge for rent. No city in Mississippi, including Jackson or Gulfport, may impose rent stabilization, rent caps, or vacancy control. Landlords may set rents at whatever the market supports and may raise them to any amount when a lease term ends.
For month-to-month tenancies, landlords must give at least 30 days' written notice before a rent increase takes effect, consistent with the general termination-of-tenancy notice period established in Miss. Code Ann. § 89-8-19. Week-to-week tenants are entitled to 7 days' notice. A rent increase may not be applied during an active fixed-term lease unless the lease agreement contains a specific escalation clause authorizing mid-term adjustments.
Despite the absence of price controls, Mississippi law does protect tenants from retaliatory and discriminatory rent increases. A landlord who raises rent in direct response to a tenant's good-faith complaint about habitability conditions, or who targets increases based on race, religion, national origin, sex, familial status, or disability, violates both state retaliation protections and federal fair housing law. Tenants who suspect a retaliatory or discriminatory motive have the right to raise those defenses in court.
For nonpayment of rent, Mississippi landlords must serve a written 3-day notice to pay or quit before filing for eviction in justice court, as established under Miss. Code Ann. § 89-7-27. The notice must state the amount owed and give the tenant three calendar days to either pay all outstanding rent and applicable fees or vacate the premises. If the tenant satisfies the full balance within that window, the eviction proceeding stops. Mississippi's 3-day notice period is shorter than the 5- or 7-day periods used in many neighboring states, reflecting the overall landlord-friendly posture of the state's rental statutes.
For lease violations other than nonpayment, such as unauthorized occupants, pet policy breaches, or property damage, the landlord must issue a 14-day notice to cure or quit. If the tenant corrects the violation within 14 days, the tenancy continues. A repeat violation of the same type within a 6-month period allows the landlord to serve a 14-day unconditional notice with no opportunity to cure. Violations that materially threaten health or safety may be grounds for an immediate unconditional notice requiring the tenant to vacate without a cure period.
Once a notice expires without compliance, the landlord files a complaint in the local justice court. A summons must be served on the tenant at least 5 days before the scheduled hearing. After a judgment in the landlord's favor, tenants generally have a short window, often 3 to 8 days, to vacate before the court issues a writ of possession and the sheriff enforces removal. The full process from initial notice to physical removal typically takes between one month and two months. Self-help evictions, including changing locks, removing belongings, or shutting off utilities to force a tenant out without a court order, are illegal under Mississippi law and can expose landlords to civil liability.
Under Miss. Code Ann. § 89-8-23, landlords must maintain rental units in a condition fit for human habitation, including functional plumbing, heating, and electrical systems, as well as compliance with applicable housing and health codes. When a landlord fails to make a necessary repair after receiving written notice from the tenant, the tenant may, under certain conditions, arrange for the repair and deduct the reasonable cost from rent, though the deduction is capped at one month's rent. Tenants may also terminate the lease if a landlord's material failure to maintain the unit persists after a reasonable notice period.
Mississippi tenants have a right to quiet enjoyment and reasonable privacy. While the statute does not specify an exact advance-notice period for landlord entry, courts and legal commentators generally recognize 24 hours as a reasonable standard for non-emergency inspections or repairs. In a genuine emergency, such as a burst pipe or fire hazard, a landlord may enter without prior notice. Tenants retain the right to organize, complain to housing authorities, or contact building inspectors without fear of retaliatory eviction, rent increase, or reduction in services.
All Mississippi residential tenancies are covered by the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Mississippi does not currently have a state fair housing statute that adds protected classes beyond the federal baseline, so federal law sets the floor for discrimination claims. Tenants who experience discrimination in renting, lease terms, or eviction may file complaints with the U.S. Department of Housing and Urban Development or pursue a private civil action in federal court.
This guide is general information, not legal advice. Governing statute: Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. Title 89, Chapter 8). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Mississippi FAQ
A Mississippi landlord has 45 days after the tenant vacates to return the security deposit or mail a written, itemized statement of any deductions. If the landlord misses the deadline or provides an inadequate accounting, the tenant can sue in small claims court to recover the withheld amount.
No. Mississippi law does not cap security deposits. Landlords may charge any amount they choose, though market practice typically runs one to two months' rent. There is no requirement to hold the deposit in a separate account or pay interest on it.
The landlord must serve a written 3-day notice to pay or quit. The tenant then has three calendar days to pay all rent owed or vacate. If the tenant pays in full within that window, the eviction cannot proceed. Only after the notice expires without compliance may the landlord file in justice court.
No. Mississippi state law prohibits rent control at every level of government. Miss. Code Ann. § 21-17-5(2)(h) bars cities and counties from enacting local rent caps or stabilization ordinances. Landlords may raise rent to any amount, provided they give 30 days' written notice for month-to-month tenancies.
No. Self-help eviction tactics such as changing locks, removing a tenant's belongings, or deliberately cutting utilities are illegal in Mississippi. A landlord who wants to remove a tenant must follow the court process: serve proper notice, file a complaint in justice court, obtain a judgment, and wait for the sheriff to enforce the writ of possession.
A tenant should first notify the landlord in writing of the needed repair. If the landlord fails to act within a reasonable period, the tenant may arrange for the repair and deduct the cost from rent, capped at one month's rent. For serious habitability failures, the tenant may have grounds to terminate the lease. Tenants can also contact local code enforcement or the Mississippi Bar's consumer resources for further guidance.
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