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Mississippi Landlord Tenant Law



The Mississippi Landlord Tenant Act

Mississippi Landlord/Tenant Laws

The majority of Mississippi landlord/tenant law is located in Chapter 8 of Title 89 of the state’s annotated code.  For more information on the MS landlord/tenant law provided within this article, visit the official website of the state’s judiciary located at the following link and move onto LexisNexis® for the individual code.  

The majority of information in this article will cover the obligations of the landlords and tenants within Mississippi landlord/tenant law, as well as commonly disputed cases involving evictions, security deposits, and more.  

Maintenance Requirements under Mississippi Landlord/Tenant Laws

Mississippi landlord/tenant law provides multiple duties for both the landlord and tenant as far as maintenance.  These duties are listed below: 

Section 89-8-23

This section of Mississippi landlord/tenant laws states that a landlord is responsible for the following during the whole tenancy: 

• comply with all local building and housing codes affecting health and safety under MS landlord/tenant law

• maintain the unit’s plumbing, heating and/or air conditioning, and most other repairs except for reasonable wear and tear

The landlord is not responsible for any significant damages directly caused by the tenant’s neglect or incapacity to act according to MS landlord/tenant law.  

Section 89-8-25

Mississippi landlord/tenant law requires numerous responsibilities from the tenant, and most of these duties are listed below: 

• keep the part of the premises that they occupy clean and safe as the condition of the premises permits

• dispose of all ashes, rubbish, garbage, and other waste in a safe and clean manner

• keep all plumbing fixtures clean 

• use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other utilities and appliances correctly and safely

• keep from deliberately or negligently destroying, defacing, damaging, impairing, or removing any part of the premises

• conduct themselves in a reasonable manner to provide their neighbors with peaceful enjoyment

• inform the landlord immediately of any conditions that could damage the apartment

• comply with all requirements from local housing and safety codes under MS landlord/tenant law

• keep from engaging in any illegal activity on the leased property defined by MS landlord/tenant law

Mississippi Landlord/Tenant Laws on Security Deposits

The section of Mississippi landlord/tenant law that discusses the tenant’s security deposit is Section 89-8-21.  The following procedures are discussed within this section of Mississippi landlord/tenant laws:

• any deposit from the tenant to the landlord will be held by the landlord

• the security deposit can be used for defaults in rent, damages at the end of a tenancy (except wear and tear) 

• if the landlord abuses the privileges of this section of Mississippi landlord/tenant law, the tenant may be able to receive the security deposit in full plus up to $200.00 in damages

Mississippi Landlord/Tenant Laws on Evictions

Section 89-8-13 of the Mississippi annotated code states that a landlord or tenant can terminate tenancy for a breach of the lease by sending the other party notification no less than 30 days before the termination.  Additionally, if a duty is breached and the other party doesn’t terminate the lease but the same breach occurs within 6 months, notification for the breach must be sent only 14 days before the termination according to MS landlord/tenant law.   

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