Mississippi Rental Applications and Criminal History: What Renters Need to Know

If you are applying to rent a home or apartment in Mississippi, you might worry about whether a landlord can ask about your criminal history. Understanding state and federal laws can help you confidently navigate rental applications and know your rights when it comes to background checks in Mississippi.

What Criminal Background Questions Can Landlords Ask in Mississippi?

Mississippi landlords are generally allowed to ask about criminal history on a rental application or during tenant screening. State law does not have specific limitations on this practice. However, there are important federal protections that landlords must follow, and certain types of discrimination in how criminal records are used may be unlawful.

Federal Fair Housing Protections

• Landlords must comply with the federal Fair Housing Act. This law prohibits discrimination based on race, color, national origin, religion, sex, disability, or familial status.
• Criminal history itself is not a protected category, but using criminal background policies in a way that results in discrimination against protected groups is illegal under HUD guidance.
• For example, a landlord cannot use an arrest record alone (without conviction) to deny an application, and blanket policies that exclude anyone with a criminal record may be considered discriminatory.

Mississippi State Law

• Mississippi does not have a statewide law restricting landlords from asking about or considering criminal histories in rental applications.
• There is also no state law requiring landlords to use specific forms when conducting application background checks.

How Background Checks Work for Renters

In most cases, when you apply for a rental property in Mississippi, your landlord may:

• Ask about prior convictions on the rental application form
• Request your consent to run a criminal background check
• Evaluate the nature, severity, and age of any offense they find

Landlords should apply criteria fairly and consistently to all applicants.

Can I Be Denied for a Criminal Record?

• Yes, generally a landlord can deny your application due to certain convictions.
• However, HUD guidance recommends that landlords consider the severity and age of the offense, not just automatically deny all applicants with a record.
• If you believe a landlord’s denial was due to discrimination based on race, national origin, or another protected class, you may have grounds to file a fair housing complaint.

How to Challenge Discrimination or Report Concerns

If you think you were unfairly denied housing due to criminal history and believe discrimination may be involved, you can file a complaint:

• With the U.S. Department of Housing and Urban Development (HUD):
• File a Fair Housing Complaint Online
• Use Form HUD-903.1: Housing Discrimination Complaint Form
• With the Mississippi Fair Housing Division:
• The Mississippi Fair Housing Division may investigate state-level fair housing complaints.

In Mississippi, there is not a separate housing tribunal for resolving tenancy disputes. Most legal actions related to landlord-tenant law are handled by the local Justice Courts of Mississippi.

Relevant Mississippi Landlord-Tenant Legislation

Mississippi’s main rental law is the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 et seq.). While it covers many rights and responsibilities for both sides, it does not limit criminal records inquiries for renters.^[1]

FAQ: Criminal History and Renting in Mississippi

1. Can a landlord ask about convictions that happened many years ago?
   Yes, Mississippi landlords can ask about previous convictions unless local or federal rules restrict how this information is used. However, landlords are encouraged to consider the age of an offense under HUD guidance.
2. What if I am denied housing because of an arrest, not a conviction?
   HUD discourages using arrest records alone to deny housing. If this happens and you believe it’s discrimination, file a complaint with HUD.
3. Are there any protected categories related to criminal history?
   Criminal history itself is not protected, but denial that disproportionately impacts protected groups (like race or disability) may violate fair housing laws.
4. Does the Mississippi Residential Landlord and Tenant Act protect against this?
   No, this state law doesn't specifically address criminal background screening but other rights for renters are described there.
5. Can I challenge a denial based on criminal record?
   If you believe discrimination was involved, you can file a complaint with HUD or contact Mississippi Fair Housing Division.

Need Help? Resources for Renters

• File a Fair Housing Complaint with HUD
• Mississippi Fair Housing Division – Support for state-level housing discrimination issues
• Mississippi Justice Courts – Tribunal for landlord-tenant disputes
• Mississippi Residential Landlord and Tenant Act – Full state landlord-tenant law

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1. Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 et seq.)
2. Federal Fair Housing Act (HUD)
3. File a Discrimination Complaint (HUD)

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