How to Challenge Rent Overcharges in Mississippi

If you're a renter in Mississippi and believe your landlord is charging more rent than agreed or is unlawfully increasing your rent, it’s important to know your rights and the steps to challenge an overcharge. While Mississippi does not have statewide rent control, state law still protects renters from unlawful practices. Here’s what you need to know if you think you’re being overcharged for rent.

Mississippi Rent Overcharge: What Does the Law Say?

Unlike some states, Mississippi does not have a rent control or rent stabilization program. This means there is no set cap on how much a landlord can charge or increase rent, unless it is outlined in your rental lease. However, landlords must follow the rental agreement and provide proper notice for any rent increases. If you suspect your landlord is not following these rules, you may have grounds to file a complaint.

Relevant Tenancy Legislation

• Mississippi Residential Landlord and Tenant Act – This law covers security deposits, notice requirements, landlord obligations, and tenant protections.^[1]

Any changes to rent, or efforts to collect more than the agreed amount, must comply with this act and with your written lease.

Can You File a Rent Overcharge Complaint in Mississippi?

Mississippi does not operate a dedicated rent tribunal or housing board to handle rent overcharge complaints. Instead, rental disputes—including those about overcharges—are generally handled in Civil Court (Justice Court) in the county where the property is located. You do not need a lawyer to file such a claim, though having documentation is important.

• You cannot file an official rent overcharge complaint with a state rent board (as there is none).
• You may file a civil case in your local Justice Court if you believe your landlord is violating your lease or state law.

Justice Court (Mississippi)

• Mississippi County Justice Courts – Find Your Local Court

How to Take Action: Challenging a Rent Overcharge

Disputing a rent overcharge in Mississippi requires gathering evidence and formally contesting the landlord’s action, usually through your local court.

1. Review your lease agreement and any notices of rent increase. Make sure you have copies.
2. Document all payments, communications, and any evidence showing what rent was agreed to and what was charged.
3. Contact your landlord in writing to address your concern. State the discrepancy and request a correction.
4. If unresolved, file a civil complaint in your county's Justice Court.

There is no specific state “rent overcharge” form in Mississippi. However, Justice Courts provide a general Civil Complaint Form. Each county may have a different process, but you can typically download the complaint form from your county’s website or request it in-person at the courthouse.

Mississippi Civil Complaint Form (Justice Court)

• Form name: Justice Court Civil Complaint
• Use it when: You want the court to resolve a dispute, such as alleged overcharging of rent. Explain your concern, provide your documentation, and ask the court for relief (such as repayment or an order forcing your landlord to honor the agreed rent).
• Example: If your lease says rent is $900/month but your landlord starts demanding $1,100 without proper notice, you could file a complaint for the excess amount charged.
• Get forms directly from your county Justice Court.

Fees vary but are typically nominal. If you can’t afford the fee, ask the court about a fee waiver or indigency form.

What Happens Next?

Once you file a complaint, the court will usually schedule a hearing. Both you and your landlord will have a chance to present evidence. The judge will make a decision based on your lease, state law, and any proof you provide. If you win, the court may order your landlord to return any overcharged rent or comply with your lease terms.

Your Rights as a Mississippi Renter

• The right to pay only the rent you agreed to in your lease (unless properly changed with notice)
• The right to receive required written notices before any increase
• The right to contest unlawful increases in court

Frequently Asked Questions

1. Does Mississippi have rent control or rent stabilization?
   No, Mississippi law does not set rent caps or limit rent increases. Landlords must still honor the lease and provide written notice before raising rent.
2. Can I report a landlord for charging more rent than my lease says?
   You cannot file an official complaint with a rent board, but you may challenge overcharges by filing a civil complaint in your local Justice Court.
3. Is there an official rent overcharge complaint form for tenants?
   Mississippi does not offer a dedicated rent overcharge form. Use your county Justice Court's Civil Complaint Form to start a case.
4. What evidence should I provide for my case?
   Bring your lease, payment records, notices from your landlord, and any communication about rent amounts or increases.
5. Do I need a lawyer to challenge a rent overcharge?
   Legal representation isn’t required for Justice Court, but you may seek legal aid or advice if you’re unsure how to proceed.

Key Takeaways for Mississippi Renters

• Mississippi has no rent control, but your landlord must honor your lease and state law.
• Overcharge disputes are handled in county Justice Court, not by a housing board.
• Document everything and use your county’s Civil Complaint Form to make your case.

While the process may seem challenging, Mississippi’s court system offers a way for renters to seek fairness and resolve unlawful rent overcharges.

Need Help? Resources for Renters in Mississippi

• Find Your County Justice Court – Mississippi Judiciary
• Mississippi Center for Legal Services – Free or low-cost legal help for income-eligible renters
• Mississippi Residential Landlord and Tenant Act – Full Text
• HUD’s Mississippi Renting Resources – Overview of state tenant rights

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1. Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 to 89-8-29 (2023)

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