What is the Mississippi Residential Landlord and Tenant Act?

The Mississippi Residential Landlord and Tenant Act is the practical guidelines to protect both landlords and tenants in residential leasing arrangements. Since its enactment in 1991, the Act has provided a balanced legal structure that aims to ensure fair treatment and clarity of rights for all parties involved.

The Act includes specific requirements on security deposits, permitting landlords to collect deposits as financial security against damage or unpaid rent. Importantly, landlords must return any unused portion of the deposit within 45 days of the lease ending.

Termination rules are structured to provide predictability. For example, a month-to-month lease can be ended by either party with a minimum of 30 days’ notice. This transparency helps build trust, as tenants know their deposits are protected by law.

Most of the time a tenancy will run its course and the lease term will end as stated in the lease agreement, with appropriate notice provided for a renewal and/or month-to-month extension, if necessary. 

However, there are instances where a landlord or a tenant may wish to terminate the lease agreement early. Mississippi landlord tenant law provides for several conditions for either party to the lease to terminate early, and keep in mind that there are required notice periods when seeking early termination.

Landlord Rights & Responsibilities Under Mississippi Law

Landlord Rights

A landlord has limited opportunity to terminate a lease early, and the reasons center around noncompliance by the tenant. Reasons the landlord can terminate early:

  • Per Miss. Code § 89-8-13, if there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Miss. Code § 89-8-25, Duties of Tenant.
  • If a tenant misrepresents a material fact on their rental application.
  • If a tenant, or their guest or invitee fail to comply with a term under the agreement.

Landlord Responsibility

Landlords are legally obligated to maintain properties that meet health and safety codes, ensuring tenants have a secure and livable environment. This includes making timely repairs and upholding the condition of essential facilities, such as heating, cooling, and plumbing, with allowances for reasonable wear and tear. This stipulation encourages landlords to treat rental properties as investments that meet professional standards.

For example, if a tenant’s heating system breaks down in winter, landlords are expected to act quickly to resolve the issue. While landlords have the right to enter their properties for inspections or repairs, they must give tenants reasonable notice and can only enter at agreed-upon times, except in emergencies. (usually 24-48 hours)

The lease should clearly outline rules, obligations, and expectations for both parties, covering aspects such as rent, security deposits, property maintenance, and lease termination procedures. For more details on landlord maintenance responsibilities, see this Mississippi lease maintenance guide.

Tenant Rights & Responsibilities Under Mississippi Law

Tenant Rights

Similarly, it’s not easy for a tenant to terminate a rental agreement early, but there are some provisions in the law for early termination.

  • For material noncompliance by the landlord with the rental agreement, or material noncompliance with landlord’s maintenance obligations as found under Miss. Code § 89-8-23.
  • If the premises is damaged or destroyed by fire or casualty, not to include any wrongful or negligent acts of the tenant, to the extent that normal use and occupancy of the premises is substantially impaired.

Tenant Responsibility

Tenants also have defined responsibilities, primarily focusing on keeping the rental unit in good condition. From proper garbage disposal to using appliances appropriately, tenants must respect the property. This framework discourages neglectful behavior and fosters a cooperative landlord-tenant relationship.

Respect for neighbors and the property is a key tenant responsibility. Excessive noise, disruptive behavior, or actions that could damage the property or disturb the community are grounds for potential eviction. Mississippi law allows landlords to take action if tenants engage in behaviors that interfere with the rights of others.

Tenants have a responsibility to inform the landlord about necessary repairs promptly. Delayed reporting could worsen issues, resulting in more significant damage or even legal consequences. By communicating repair needs early, tenants help landlords address problems efficiently and maintain the quality of the property.

Valid Legal Reasons to Terminate Lease Early in Mississippi

Under the Mississippi Residential Landlord and Tenant Act, both landlords and tenants have specific circumstances that may justify early termination of a lease.  Below are the valid legal grounds for early termination from both perspectives.

By landlord

  • Nonpayment of Rent: One of the most common reasons for early lease termination is nonpayment of rent. If a tenant fails to pay rent by the due date, landlords can issue a formal notice, giving tenants a set period (usually three days) to pay the rent or vacate. If the tenant does not comply, the landlord can initiate eviction proceedings.
  • Property Damage or Destruction: When a tenant causes significant or intentional damage to the property, a landlord has grounds for early lease termination. This can include property destruction beyond normal wear and tear or damage that compromises the safety or integrity of the premises.
  • Illegal Activity on the Property: Engaging in illegal activities on the rental property, such as drug manufacturing or distribution, can lead to immediate lease termination. Landlords can legally terminate the lease and initiate eviction proceedings without notice if they have substantial evidence of such conduct.
  • Violation of Lease Terms: Tenants are required to comply with all terms specified in the lease, such as occupancy limits, pet policies, and property use. If a tenant repeatedly violates these terms, landlords may terminate the lease early. Typically, landlords must provide written notice, allowing the tenant a chance to correct the violation before eviction is pursued.

By tenant

  • Landlord Violations of Privacy Rights: Tenants have a right to reasonable privacy, and landlords must provide advance notice (usually 24 hours) before entering the property, except in emergencies. If a landlord repeatedly violates these privacy rights, tenants may have grounds to terminate the lease.
  • Uninhabitable Living Conditions: If the landlord fails to maintain the property in a safe and habitable condition, such as by ignoring critical repairs (e.g., plumbing, heating, or structural issues), the tenant may have grounds for early termination. However, tenants must typically provide written notice, allowing the landlord time to make repairs before moving forward with lease termination.
  • Military Duty (Servicemembers Civil Relief Act): Under the federal Servicemembers Civil Relief Act (SCRA), tenants who enter active military duty after signing a lease have the legal right to terminate it early. Tenants must provide written notice and a copy of their military orders, and termination typically becomes effective 30 days after the next rent due date.

Termination Notices For Mississippi Landlords and Tenants 

Proper notice is required by the party wishing to terminate early. The nonbreaching party must deliver a written notice to the party who has breached the rental agreement. The written notice must specify the breach and that the rental agreement will terminate 30 days after receipt of the notice, unless the breach is remedied. 

If the same breach occurs again within six months the nonbreaching party can deliver a written notice of the breach and that the rental agreement will terminate in 14 days. No opportunity to remedy the breach needs to be provided when there is such a repeat breach.

Landlord's notice to end a tenancy

The landlord should deliver a written notice including a late rent payment, unauthorized occupants, or any other violation of lease terms. The notice must clearly state that the tenant has 30 days to correct the breach.

 If the tenant commits the same breach within six months, the landlord can issue a second notice with a 14-day termination period. Landlords must ensure the notice is properly delivered, either in person or by mail, to ensure the tenant receives it in a timely manner.

Tenant's notice to end a tenancy

Tenants must provide written notice to the landlord, specifying the landlord’s failure to uphold lease obligations, such as necessary repairs or other safety concerns. The notice should state that the landlord has 30 days to address and resolve the issue. 

 If the same issue arises within six months, the tenant can issue a second notice, giving the landlord 14 days to terminate the lease.  Just as landlords must ensure proper delivery, tenants should keep proof of delivery for their records. Understanding state-specific notice requirements, like in California lease termination rules, helps ensure compliance.

Miscellaneous

There are a few other particulars about early termination. If a rental agreement is terminated early by either party the landlord must return any prepaid rent and security deposit, in accordance with Miss. Code § 89-8-21, Tenant’s Security Deposit. 

And if the breach is for nonpayment of rent, the 30 day notice period is not required to terminate the lease agreement. For comparison, explore South Carolina tenancy termination rules to understand how regulations vary.

Key Takeaways

  • Clear Legal Grounds: Mississippi law defines specific situations for lawful lease termination by both landlords and tenants helping both parties protect their rights.
  • Proper Notice: Providing written notice is essential for a smooth early termination, ensuring both landlords and tenants have a chance to address issues and avoid disputes.