What to Do if Your Landlord Breaks the Lease in Mississippi

If your landlord breaks the lease in Mississippi, it can be stressful—but clear laws and resources are in place to protect renters. This guide outlines what renters can do if a landlord violates the lease agreement, with practical advice, official forms, and links to government agencies. Understanding your rights helps you take action confidently and lawfully.

Understanding Lease Violations by Landlords

A lease in Mississippi is a legally binding contract between a landlord and tenant. Common ways a landlord might break a lease include:

• Entering your rental without proper notice (except in emergencies)
• Failing to perform repairs that impact health or safety
• Raising rent without required notice
• Evicting you without following legal procedures
• Changing the locks to force you out (illegal “self-help” eviction)

Mississippi’s tenant protections are outlined in the Mississippi Residential Landlord and Tenant Act.^[1]

Steps to Take If Your Landlord Breaks the Lease

If your landlord is not honoring your lease or the law, you have options. Here is a step-by-step approach:

1. Document Everything

• Keep copies of your lease, payment receipts, and all communications (texts, emails, letters).
• Take dated photos of maintenance issues or lease violations.

2. Notify Your Landlord in Writing

• Send your landlord a written notice describing the broken agreement and requesting correction.
• Keep a copy for your records. Mississippi law usually requires at least 30 days notice to address most violations.

For major repair problems impacting habitability, written notice is your first required step before further action.

3. Use the Official "Notice to Remedy or Quit" Form

• Form Name: Notice to Remedy or Quit
  How it's used: If your landlord violates your lease (e.g., won’t repair a serious problem), you can deliver this notice describing the issue and your request for correction. If not remedied within 14 days, you may be able to end the lease.
  Find the template and guidance in the Mississippi Attorney General’s Housing Notices.

4. Contact the Official Rental Tribunal or Board

• The Mississippi Judiciary (county Justice Courts) handles residential rental disputes and evictions.
• If your landlord does not comply, you can file a case or motion with your local Justice Court.

5. Seek Mediation or Legal Help

• Consider free mediation services or contact renter support organizations.
• You may also qualify for assistance from Mississippi Legal Services.

6. If Needed, File a Formal Complaint

• If a landlord refuses to follow the lease or state law, file a written complaint or small claims case in your county’s Justice Court.
• Bring copies of your lease, notices, and any evidence. The court may order the landlord to comply or award damages if your rights were violated.

The steps above summarize the typical process. Each case may vary—refer to the official forms and consult local legal resources when in doubt.

Relevant Tenant Legislation

Mississippi rental laws are governed by the Mississippi Residential Landlord and Tenant Act.^[1] Review Section 89-8-19 for landlord obligations and tenant remedies.

If you feel pressured, evicted, or your landlord ignores your written requests, keep all documents. Courts need evidence of your side of the dispute.

FAQ

1. What counts as a landlord breaking the lease in Mississippi?
   Any serious violation of the lease agreement—like unauthorized entry, illegal eviction, not completing required repairs, or refusing to return your deposit—may qualify as breaking the lease. Refer to your lease and state law for specifics.
2. Can I withhold rent if repairs aren't made?
   No. Mississippi law does not allow tenants to withhold rent for repairs on their own. Instead, give written notice and, if unresolved, use proper legal channels like Justice Court.
3. What can I do if a landlord locks me out illegally?
   If a landlord tries “self-help” eviction (changing locks or shutting off utilities), contact Justice Court immediately. These actions are illegal, and you can seek court help to regain access and may claim damages.
4. How long does a landlord have to fix serious maintenance issues?
   After you give formal written notice, landlords usually have 14 days to address essential repairs. If not fixed, you may be able to terminate your lease under state law.
5. Where do I file a complaint if communication breaks down?
   You can file complaints or eviction disputes in your county’s Justice Court. Check with the court clerk for steps and documents required.

Need Help? Resources for Renters

• Mississippi Judiciary – Justice Court Directory
• Mississippi Bar – Landlord-Tenant Law Information
• Mississippi Legal Services
• Mississippi Residential Landlord and Tenant Act
• Attorney General’s Sample Tenant Notices

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1. Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8), current through 2023
2. Mississippi Justice Courts – Residential Tenancy Dispute Resolution
3. Mississippi Bar – Summary of Tenant Rights

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