Mississippi Late Rent Fees: What Renters Need to Know

Paying rent on time is a key responsibility for Mississippi renters, but sometimes life happens. If you’re worried about late rent fees or have already been charged, it’s important to understand what the law says and how much landlords can actually require you to pay. This guide breaks down Mississippi’s rules, your rights, and where to go for help if you’re facing high or unfair fees.

How Are Late Rent Fees Handled in Mississippi?

Mississippi does not have state laws that specifically limit the amount a landlord can charge for late rent. This means the rules about late fees come from what’s written in your lease agreement. If late fees are not included in your lease, your landlord cannot charge them.

• Lease governs late fees: The amount, due date, and details must be clearly stated in a written lease agreement.
• No maximum set by state law: Mississippi’s Residential Landlord and Tenant Act does not cap late rent fees.^[1]
• If there’s no lease clause on late fees, renters cannot be charged them.

Summary: In Mississippi, landlords can charge late rent fees only if your signed lease gives the details. There is no automatic statewide limit on the amount.

What Does a Lawful Late Rent Fee Look Like?

While late fees are allowed if in your lease, they must still be “reasonable” and cannot be used to punish renters unfairly. If your landlord tries to charge an excessive or hidden fee, you may have a legal reason to challenge it.

• Fees must be disclosed in your lease before you sign.
• If you pay rent late, the landlord can only charge the specific fee stated in your contract.
• If the fee is very high compared to what’s typical, you could contest it in court for being unconscionable (unfair or abusive).

Example: How a Late Fee Clause Looks in a Lease

“Rent is due on the first of each month. If rent is not received by the 5th day, a late fee of $50 will be charged.”

What Happens If I Don’t Pay the Late Fee?

Unpaid late fees can be treated like unpaid rent in Mississippi. This means your landlord could:

• Refuse to accept partial payments (rent without late fees)
• Issue a written notice to pay (three-day notice) as required by law^[2]
• Start the eviction process if the full rent and fees are not paid in the time stated

Tip: Always keep records of payments and any communication with your landlord, especially if you are disputing a fee.

Official Tribunal for Landlord-Tenant Disputes

In Mississippi, residential tenancy matters are generally handled in Mississippi Justice Court in the county where the rental property is located. This court deals with eviction filings, payment disputes, and related issues.

Relevant Forms for Renters

• Complaint Form (Civil Case Filing): Used by renters to bring a dispute (such as excessive late fees) before their local Justice Court. There is no standard statewide form, as each county provides its version.
  Example: If your landlord tries to evict you for refusing to pay a very high late fee not in your lease, you can file a response or counterclaim using your county's civil case forms.
  Find your local Justice Court and forms here.
• Three-Day Notice to Pay or Quit (Landlord Form): This is a written notice your landlord must serve if they want to demand overdue rent and fees, before starting an eviction. You do not fill out this form, but if you receive one, it's important to respond quickly. See the legal notice requirement.

Mississippi Renting Laws and Where to Learn More

• Mississippi Residential Landlord and Tenant Act – Full state law governing leases, rent, and tenant rights
• Mississippi Justice Court – County courts that handle rental disputes
• Mississippi Legal Services – Free legal help if you have trouble with late fees or other rental issues

1. Can my landlord charge any late rent fee they want in Mississippi?
   No, landlords can only charge late fees if your lease includes them. There is no statewide cap, but the fee must be clearly stated in your signed lease.
2. What should I do if I think a late fee is unfair or not in my lease?
   Talk to your landlord in writing first. If it’s not resolved, keep records and consider contacting Mississippi Legal Services or your local Justice Court for help.
3. Can I be evicted for refusing to pay a late fee?
   Yes, if the fee is in your lease and goes unpaid, your landlord can issue a notice to pay and begin the eviction process through Justice Court.
4. Where do I go if my landlord takes me to court over late rent fees?
   Landlord-tenant disputes—including those about late fees—are handled in your county’s Mississippi Justice Court.
5. Does Mississippi law protect renters from extremely high late rent fees?
   There isn’t a set dollar limit, but if a late fee is extremely high and considered unconscionable, you may be able to challenge it in court under the Residential Landlord and Tenant Act.

Key Takeaways for Mississippi Renters

• Late rent fees must be stated in your lease to be enforceable in Mississippi.
• There is no legal cap, but fees must be reasonable—not abusive or hidden.
• If you’re facing a dispute, Justice Courts and Mississippi Legal Services can help.

Knowing your rights makes it easier to handle late rent issues confidently and avoid unfair penalties.

Need Help? Resources for Renters

• Mississippi Residential Landlord and Tenant Act – State ordinances for rental housing
• Find Your County Justice Court – To file a complaint or get forms
• Mississippi Legal Services – Free or low-cost legal assistance

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1. [1] Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. § 89-8
2. [2] Mississippi Eviction Notice Requirement (Miss. Code Ann. § 89-7-27)

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