Mississippi Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

No statutory cap on the amount of a security deposit found in the Act (89-8-1 to 89-8-45 read in full). The deposit rule covers any payment or deposit of money whose primary function is to secure performance of the rental agreement, other than a payment or deposit (including advance rent) made to secure execution of the rental agreement (89-8-21(1)). The landlord may keep only amounts reasonably necessary to remedy the tenant's defaults in rent, repair damage caused by the tenant (excluding ordinary wear and tear), clean the premises at the end of the tenancy, or cover other reasonable and necessary expenses caused by the tenant's default (89-8-21(3)).

Return deadline days

45 days

Itemization required

Yes

Interest required

No interest or separate-account requirement found in 89-8-21; the statute only says the deposit is held by the landlord for the tenant and the tenant's claim is prior to the claims of the landlord's creditors (89-8-21(2)).

Source: 89-8-21(1)-(4)

Late fees

Rule

No provision found in the Residential Landlord and Tenant Act that caps, limits or requires a grace period for late fees. The Act defines 'rent' to include any late fees required to be paid under the rental agreement by a defaulting tenant (89-8-7(1)(k)), so a late fee is a matter of the lease. Other titles of the Mississippi Code were not searched.

Source: 89-8-7(1)(k); no provision found

Landlord entry

Notice

No provision found: the Residential Landlord and Tenant Act (89-8-1 to 89-8-45) contains no section on landlord entry or access to a rented unit, and states no notice period. Other titles of the Mississippi Code were not searched.

Source: 89-8-1 to 89-8-45 (no provision found)

Ending a month-to-month tenancy

Tenant

At least 30 days' written notice before the termination date (89-8-19(3)); a week-to-week tenancy needs at least 7 days' written notice (89-8-19(2)). If the rental agreement fixes no definite term the tenancy is week-to-week for a tenant who pays weekly rent and month-to-month in all other cases (89-8-19(1)).

Landlord

At least 30 days' written notice before the termination date (89-8-19(3)); 7 days for week-to-week (89-8-19(2)). No notice is required when the landlord or tenant has committed a substantial violation of the rental agreement or the Act that materially affects health or safety (89-8-19(4)). For breach by the tenant, the landlord may give written notice (or email/text if the tenant agreed in writing) that the agreement ends not less than 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(3)); for nonpayment of rent the notice may give 3 days to pay before the agreement terminates (89-8-13(5)(a)). After a fixed-term agreement expires, the landlord may give a hold-over notice that eviction proceedings will start no earlier than 3 days after the notice (89-8-17(2)).

Source: 89-8-13(3), (5); 89-8-17(2); 89-8-19

Rent increases

Rule

No provision found requiring advance notice of a rent increase. The only rent-increase text is in 89-8-17(2): after a rental agreement expires, the landlord may demand an increase in rent if the landlord's actions did not have the dominant purpose of retaliation against the tenant for actions authorized under the Act and the landlord received written notice of each condition that was the subject of the tenant's actions.

Statewide rent control

No statewide rent control provision found in the Act. Other titles of the Mississippi Code were not searched.

Source: 89-8-17(2); no notice provision found

Repairs & habitability

Rule

The landlord must at all times during the tenancy comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, excluding reasonable wear and tear, unless damage results from the tenant's deliberate or negligent actions (89-8-23(1)). The parties may agree in writing that the tenant performs some or all of these duties, but only in good faith and subject to 89-8-5 (89-8-23(3)). Repair and deduct: if the landlord fails to repair a specific, material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after submitting receipted bills, provided the tenant has met the tenant duties in 89-8-25, the repair cost is at most one month's rent, the tenant has not used the remedy in the preceding 6 months, and the tenant is current in rent; reimbursement is limited to the usual and customary charge and the cost may be offset against future rent (89-8-15(1), (2), (4)). If the landlord materially breaks the Act or the lease, the tenant may give written notice that the agreement will end on a date at least 14 days after receipt if the breach is not remedied within a reasonable time of at most 14 days (89-8-13(2), (3)).

Source: 89-8-23, 89-8-15, 89-8-13(2)-(3)

Retaliation

Rule

No general anti-retaliation section found in the Act. The only retaliation text is in 89-8-17(2): the landlord may demand a rent increase after a rental agreement expires only if the landlord's actions did not have the dominant purpose of retaliation against the tenant for actions authorized under the Act and the landlord received written notice of each condition that was the subject of the tenant's actions. The Act also imposes a general duty of good faith on the landlord's termination, nonrenewal and removal of a tenant (89-8-9).

Source: 89-8-17(2), 89-8-9

Clauses often unenforceable in Mississippi

• A landlord or tenant waiving or forgoing any of the rights, duties or remedies under the Residential Landlord and Tenant Act, except as the Act allows (89-8-5)
• A clause authorizing any person to confess judgment on a claim arising out of the rental agreement (89-8-5(a))
• A clause exculpating or limiting the landlord's liability arising from the landlord's willful misconduct or the costs connected with it (89-8-5(b))
• A clause waiving a cosigner's right to end the lease on the death of the lessee, for leases entered into or renewed from July 1, 2011 (89-8-29(4))