Mississippi Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, the 3-day rent notice, the 7-day move-out order and the eviction timeline in Mississippi, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

Mississippi moved residential evictions in 2022. The old removal statutes in Title 89, Chapter 7 now say "nonresidential" in their headings, and residential cases run under new sections added to the Residential Landlord and Tenant Act (Laws 2022, ch. 501). Two of those sections were amended again by Laws 2025, ch. 460, which this guide's code sources date to April 10, 2025 without reaching the session law itself. Confirm the current text before relying on it.

If your lease or your eviction checklist still points at Chapter 7, it points at the wrong law. Here is what a small landlord in Mississippi has to get right, with the code section behind each rule.

Security deposits

There is no cap. Mississippi sets no statutory limit on the size of a residential security deposit (Miss. Code Ann. § 89-8-21). Your market sets it.

You hold it for the tenant. The deposit is held by you for the tenant, and the tenant's claim to it ranks ahead of any claim by your own creditors (§ 89-8-21(2)).

You have 45 days, and the clock has three triggers. The remaining deposit goes back "no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant" (§ 89-8-21(3)). All three have to happen. A tenant who never asks has not started the clock, though waiting on that is a poor plan.

Itemize in writing. Any amount you keep has to be claimed by written notice delivered to the tenant. You can claim rent defaults, damage beyond ordinary wear and tear, cleaning costs at the end of the tenancy, and other expenses caused by the tenant's default (§ 89-8-21(3)).

No escrow account is required. Mississippi law does not make you park deposits in a separate trust account. Keeping them separate anyway is the cheapest insurance you can buy.

The penalty is small. Retaining a deposit in violation of the section and in bad faith exposes you to damages of up to $200 on top of actual damages (§ 89-8-21(4)). Small does not mean free, and it comes with a judgment on your record.

Late fees and grace periods

Mississippi's Residential Landlord and Tenant Act sets no late-fee cap and no grace period. The fee is whatever your lease says, so keep it reasonable and keep it written down.

Fees do carry weight in court. An eviction affidavit identifies the unit "and, if applicable, the amount of rent and any additional fees owed" (§ 89-8-33), so lease fees can travel with the rent claim.

Rent increases and rent control

No Mississippi statute caps rent or limits how often you raise it. During a fixed term you are bound by the lease. On a month-to-month, the increase rides on a proper termination notice and a new agreement (§ 89-8-19).

After a fixed term expires and the tenant stays on, you may demand an increased rent going forward, provided the demand is not primarily retaliatory and you gave the tenant prior written notice of the conditions involved (§ 89-8-17(2)).

Entering the unit

The Act has no landlord entry section. Mississippi sets no statutory notice period for getting into an occupied unit.

That silence is a gap in your lease, not a free pass. Write in 24 hours' written notice for non-emergencies and a straight exception for emergencies.

Ending a month-to-month tenancy

A tenancy with no fixed term runs week to week for a tenant paying weekly rent, month to month in every other case. Ending it takes 7 days' written notice for a week-to-week and 30 days' written notice for a month-to-month, from either side (§ 89-8-19).

There is an exception. Where one side commits a breach so serious that health or safety is at stake, the advance notice is not required (§ 89-8-19).

The one-week rule you may have read in § 89-7-23 no longer reaches residential rentals. That section now ends by saying it does not apply to rental agreements governed by the Residential Landlord and Tenant Act.

When rent isn't paid

Give written notice that the rental agreement terminates if the rent is not paid within 3 days (§ 89-8-13). Since the 2022 amendment, email or text message works for this notice where the parties agreed to it.

Other breaches run on a different clock. The notice names the violation, gives the tenant a chance to fix it in a period "not in excess of fourteen (14) days," and sets termination "not less than fourteen (14) days after receipt" (§ 89-8-13). If the same breach comes back within six months of a prior notice, you can terminate on at least 14 days' written notice with no second chance to cure.

The eviction timeline

Serve the right notice. Three days for rent, fourteen for other breaches, thirty to end a month-to-month (§ 89-8-13, § 89-8-19).
File. A sworn affidavit or complaint stating the facts requiring removal, the address of the unit, and the rent and fees owed, plus a copy of the notice you served (§ 89-8-33).
Summons. The court issues a summons for the person in possession, served under the Mississippi Rules of Court. It carries required language telling the tenant about the 7-day move-out window, the right to stop a nonpayment eviction by paying, and the 72-hour property retrieval window (§ 89-8-35).
Judgment. The court grants a default judgment where the filing was proper, service was proper, the tenant failed to appear, and you are otherwise entitled to judgment. Judgments are signed and executed on the same business day they are granted (§ 89-8-37).
Move-out date. The judge orders the tenant out in 7 days from the judgment, absent an emergency or compelling circumstances (§ 89-8-39).
Warrant for removal. After the court-ordered move-out date, you request a warrant and the judge issues it to the sheriff or a constable. In a case resting only on unpaid rent, no warrant issues if the tenant pays everything owed by the move-out date, or if you accept payment later (§ 89-8-39).
72 hours of access. After the warrant is executed, you have to give the tenant reasonable access to collect personal property for 72 hours (§ 89-8-39).

One more lever. Where a fixed-term lease expires and the tenant refuses to leave after being notified, you can charge double rent for the holdover period, if your lease does not say otherwise (§ 89-8-45).

Repairs and habitability

You have to comply with building and housing codes materially affecting health and safety, and keep the unit, its plumbing and its heating or cooling system in substantially the same condition as at the start of the lease, reasonable wear and tear excluded (§ 89-8-23(1)). No duty arises for a defect the tenant caused by a deliberate or negligent act (§ 89-8-23(2)). You and the tenant can agree in writing, in good faith, that the tenant takes on some maintenance (§ 89-8-23(3)).

Tenants have a repair-and-deduct remedy. Thirty days after written notice of a specific and material defect, a tenant who is current on rent and has not used the remedy in the previous six months can make the repair and bill you, capped at one month's rent and at the usual and customary charge. You reimburse within 45 days of receipted bills, or the cost comes off future rent (§ 89-8-15).

What the Act does not cover

Chapter 8 skips transient stays in hotels and motels, institutional residences, occupancy by a purchaser under a contract of sale, condominium owners and cooperative lease holders, fraternal organization housing, and premises used primarily for agriculture (§ 89-8-3).

The short version

No deposit cap, no escrow requirement
45 days to return the deposit, counted from termination, possession back, and the tenant's demand
Written itemization for anything you keep, or up to $200 plus actual damages for bad-faith retention
No late-fee cap and no grace period, so the lease decides
No statutory entry notice, so write one into the lease
30 days' written notice to end a month-to-month, 7 days for a week-to-week
3 days' written notice for unpaid rent, 14 days for other breaches
7 days from judgment to move out, then a warrant for removal and 72 hours of access

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the code books. It tracks the 45-day deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records a Mississippi judge would ask for, for a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Mississippi attorney before acting on a specific situation. Last checked September 2026.