Required Clauses in Mississippi Lease Agreements

Signing a lease is a big step for any renter in Mississippi. To make sure your rights are protected, it’s important to understand exactly what Mississippi law requires in a residential lease agreement. This guide will help you recognize essential clauses and avoid common issues.

Key Elements Every Mississippi Lease Must Have

According to the Mississippi Residential Landlord and Tenant Act^[1], every lease should clearly state the basics of your rental arrangement. Look for these core elements:

• Full names and addresses of the landlord and all tenants
• Rental property address and legal description, if applicable
• Lease term (start and end dates, or month-to-month status)
• Monthly rent amount and due date(s)
• Security deposit amount and terms (return deadlines, reasons for withholding)
• Maintenance responsibilities (who repairs what, expected standards, right of entry)
• Notice period requirements for ending the lease or raising rent (usually 30 days for month-to-month agreements)
• Any additional fees or charges (late fees, pet fees, utilities, etc.)

Optional—but Useful—Lease Provisions

Mississippi law allows landlords and tenants to include extra clauses as long as they don’t contradict state protections. Common additions include:

• No-smoking or pet policies
• Guest limits or parking arrangements
• Lead-based paint disclosures, if the building was constructed before 1978 (EPA lead disclosure rules^[2])
• Rules for handling property abandonment

Required Lease Disclosures in Mississippi

Mississippi law mandates several disclosures in your lease so that you can make informed decisions:

• Landlord’s name and address: For official notices or emergencies (Section 89-8-5)
• Past flooding: In some localities, the landlord may need to disclose flood risks if they know the building has flooded recently
• Security deposit details: Terms for refund and handling deductions
• Repairs and entry: Clear statement of who handles repairs and when landlords can enter

If you’re unsure about any of these items or can’t find them in your lease, ask your landlord or seek assistance before signing.

Important Forms for Renters in Mississippi

While Mississippi doesn’t require the use of a standardized state lease form, a few official documents are especially useful if you run into rental issues:

• 30-Day Notice to Terminate Tenancy (no form number): Used when ending a month-to-month lease. You can write your own, but make sure it states your intent to end your lease and the exact date. See guidance and examples at the Mississippi Home Corporation Rental Information page^[3].
• Security Deposit Return Statement: When moving out, your landlord must return your security deposit or a written statement within 45 days, as required by the State’s security deposit refund law^[4]. If you do not receive your refund, you may use a written demand letter and escalate with Mississippi courts.

Always keep copies of any official notices you give or receive related to your lease.

Who Handles Lease Disputes in Mississippi?

Residential tenancy disputes in Mississippi are handled by the local county Justice Court. You can find your court and learn about filing rental-related complaints through the Mississippi Justice Courts Directory^[5].

FAQ: Mississippi Lease Agreement Requirements

1. What if my Mississippi lease is missing some required information?
   If important items like rent amount, addresses, or lease term are missing, clarify with your landlord in writing before signing. An incomplete lease can be difficult to enforce in court.
2. Is a verbal rental agreement legal in Mississippi?
   Yes, verbal agreements are allowed for leases of one year or less, but written leases are strongly recommended to avoid disputes over terms.
3. Can my landlord add rules after I sign the lease?
   No, lease terms cannot change unless both parties agree in writing or as otherwise permitted by the law. Always check for amendments in writing.
4. How much notice must my landlord give to raise rent in Mississippi?
   Landlords must provide at least 30 days’ written notice before increasing rent on month-to-month rentals.
5. Do all rentals need a lead-based paint disclosure in Mississippi?
   Yes, if the property was built before 1978, federal law requires your landlord to provide a lead-based paint disclosure form.

Key Takeaways for Renters

• Your lease must include names, address, rent amount, lease term, and security deposit details.
• Mississippi requires specific disclosures and written notices for major changes or lease termination.
• Store copies of your lease and any notices — they are your best protection in disputes.

Need Help? Resources for Renters

• Mississippi Justice Courts Directory – Find your local tribunal for lease disputes
• Mississippi Home Corporation Rental Information – Renter assistance and housing facts
• Mississippi Center for Legal Services – Free or low-cost legal help for renters
• EPA Lead Disclosure Information

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1. Mississippi Residential Landlord and Tenant Act (Mississippi Code Annotated Title 89, Chapter 8)
2. EPA Lead-Based Paint Disclosure Rules
3. Mississippi Home Corporation Rental Information
4. Security Deposit Laws – Mississippi Code § 89-8-21
5. Mississippi Justice Courts & Tribunal Directory

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