Mississippi Rental Smoking Policies: What Renters Need to Know

Moving into a new rental in Mississippi comes with many questions, including whether smoking is allowed inside your unit or on the property. Understanding the rules about smoking in rental properties is important for both your comfort and your rights. In Mississippi, landlords and tenants should be aware of smoking policies, relevant disclosures, and where to go if problems arise.

Rental Smoking Policies in Mississippi

Mississippi does not have a statewide law that bans smoking within residential rental units. This means that the choice is generally left up to the landlord to set the property’s policy. Landlords can:

• Designate the building as smoke-free
• Allow smoking in all or certain areas
• Include specific smoking rules in the lease agreement

If you’re a renter, always check your lease for any mention of smoking rules. If there’s nothing in writing, consider requesting written clarification from your landlord.

Is Disclosure of Smoking Policy Required?

Unlike some states, Mississippi law does not specifically require landlords to disclose a smoking policy in writing. However, most landlords choose to include their smoking rules in the lease for clarity. Both landlords and tenants are encouraged to clearly document this to avoid future disagreements.

Mississippi Law and Rental Agreements

All rental agreements in Mississippi are governed by the Mississippi Residential Landlord and Tenant Act¹. This law covers what should be included in a rental agreement, how changes are made, and tenant/landlord rights. Although it doesn’t mention smoking specifically, leases can legally restrict or ban smoking as a condition of tenancy.

Common Smoking-Related Clauses in Leases

Some landlords may include the following in your lease:

• No smoking anywhere on the premises (including patios and balconies)
• Smoking allowed only in specific areas (e.g., outdoors, parking lots)
• Financial responsibility for damage or cleaning caused by smoking

Make sure you carefully review your lease so you know what is and is not allowed.

What Can I Do If My Neighbor Smokes?

If you are living in a unit where the lease is smoke-free but a neighbor smokes and it affects you, you can:

• Document the problem (dates, times, impacts)
• Notify your landlord in writing about the situation
• Request that your landlord enforce the building's smoking policy

If smoking is not banned or addressed in the lease, enforcement may be difficult unless secondhand smoke is causing health problems that could be considered a breach of your right to a habitable home.

Inspections, Disclosures, and Forms

While there are no specific Mississippi state forms for smoking complaints, standard forms you may encounter include:

• Move-In/Move-Out Inspection Checklist: Used by landlords and tenants to document the property's condition at move-in and move-out. For example, if smoking damage exists at move-out but the property was smoke-free at move-in, it can help resolve deposit disputes. Download templates from the Mississippi Legal Services website.
• Written Complaint Letter: No official state form; write to your landlord stating the issue and asking for a resolution. Templates provided by Mississippi Legal Services.

If you believe your health or safety is affected due to secondhand smoke and the landlord has not taken action, you may contact your local housing authority or file for dispute resolution in court.

Who Handles Rental Disputes in Mississippi?

The main body responsible for rental issues in Mississippi is the local county or municipal Justice Court². They oversee disputes between landlords and tenants, including complaints related to the lease. Find your local Justice Court contact information here.

Tip: Always keep copies of your lease, any written complaints, and responses regarding smoking. Clear documentation helps protect everyone involved.

FAQ: Mississippi Rental Smoking Policies

1. Is smoking allowed in all Mississippi rental units?
   Not necessarily. Smoking policies are set by each landlord and should be specified in your lease agreement. Some properties ban smoking entirely, while others allow it in designated areas.
2. Am I entitled to know the smoking policy before signing a lease?
   While state law does not require landlords to disclose smoking rules, you have the right to request this information and ensure it is in writing before you sign.
3. What if secondhand smoke is affecting my health?
   You should speak to your landlord first, document any health impacts, and—if unresolved—contact your local Justice Court or health department for advice.
4. Can I be evicted for smoking in a smoke-free property?
   Yes, if your lease prohibits smoking and you violate this term, your landlord may take action up to and including eviction.
5. Does Mississippi have any state-provided forms for making a smoking complaint?
   No, but you can submit a written letter or complaint and, if needed, pursue the matter in Justice Court. See resources and templates from Mississippi Legal Services.

Need Help? Resources for Renters

• Mississippi Residential Landlord and Tenant Act
• Mississippi Justice Courts Directory
• Mississippi Legal Services: Guidance, complaint templates, and advocacy
• Mississippi State Department of Health

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1. Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8)
2. Mississippi Justice Courts

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