Published 2026-09-25 · 16 min read

Mississippi Landlord-Tenant Law 2026: The Plain-English Guide

Quick answer - Mississippi: Mississippi sets no cap on security deposits (§ 89-8-21). Return the remainder within 45 days after termination, delivery of possession, and the tenant's demand, with an itemized notice; bad-faith retention adds up to $200 plus actual damages. Nonpayment and lease breaches run on 3-day and 14-day notice tracks respectively.

Mississippi rents under the Residential Landlord and Tenant Act (Miss. Code Ann. §§ 89-8-1 et seq.), and it is one of the most landlord-friendly statutes in the country: no cap on security deposits, 3-day nonpayment notices, and a $200 cap on bad-faith deposit penalties. But the version of Mississippi law that most guides — including the previous version of this page — describe is out of date in ways that lose cases. The cure period for lease violations was cut in half years ago, and in 2022 the Legislature repealed the old justice-court removal track for homes and replaced it with a dedicated residential eviction process (§§ 89-8-31 to 89-8-41) that gives tenants a court-ordered move-out date, a right to stop removal by paying in full, and 72 hours of access to their belongings after a warrant is executed. This guide states the current law, verified against the current text of the Mississippi Code.

Eight corrections to what older guides (including the previous version of this page) say. First, the cure notice is 14 days, not 30: since the 2017 amendment, § 89-8-13(3) gives a breaching party a termination date not less than 14 days after receipt and a reasonable cure time not in excess of 14 days — and the notice may go by email or text if the breaching party agreed in writing to be notified that way. Second, there is no certified-mail requirement: the old page said nonpayment notices must be sent by certified mail, return receipt requested; neither § 89-8-13(5) nor the eviction filing statute, § 89-8-33, says any such thing. Third, the landlord's duties are in § 89-8-23, not § 89-8-17 — § 89-8-17 is the holdover section — and § 89-8-23 imposes exactly two duties, narrower than the long list the old page printed. Fourth, there is no 14-day repair clock: the only repair timeline in the Act is the 30-day window inside the repair-and-deduct statute, § 89-8-15. Fifth, residential evictions no longer run under the old § 89-7-27 removal procedure: since April 21, 2022, a dwelling-unit eviction is commenced under § 89-8-31 with the filing documents § 89-8-33 lists, the summons disclosures § 89-8-35 requires, and the move-out and warrant rules of § 89-8-39. Sixth, the drug-activity "terminate outright" rule is gone from § 89-8-13: subsection (6) today covers the parties' obligations for tenant personal property under § 89-8-39; illegal activity on the premises is a tenant-duty violation (§ 89-8-25(i)) handled through the 14-day notice track, and the only no-notice track in the Act is § 89-8-19(4), for a substantial violation that materially affects health and safety. Seventh, the year-to-year 60-day figure does not come from the Act: § 89-7-23's two-month rule states on its face that it "shall not apply to rental agreements governed by the Residential Landlord and Tenant Act"; the Act itself, § 89-8-19, sets only the week-to-week (7 days) and month-to-month (30 days) periods. Eighth, retaliation is narrower than the old page's flat ban: the Act imposes a general good-faith duty (§ 89-8-9) and, after a rental agreement expires, bars a landlord from recovering possession or demanding a rent increase where the action's dominant purpose is retaliation for the tenant's actions authorized under the chapter, provided the landlord received written notice of each condition the tenant acted on (§ 89-8-17(2)). There is no freestanding presumption window or penalty formula for retaliation in Chapter 89-8.

Disclaimer: this is general information, not legal advice. Mississippi eviction practice is local and justice courts apply these statutes strictly; consult a Mississippi landlord-tenant attorney for your situation.

Mississippi's no-cap deposits, 45-day return clock that starts only on tenant demand, and $200 bad-faith penalty cap don't match most other states — keep all 50 straight in one file. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.

At a glance

Is there a cap on Mississippi security deposits, and what is the 45-day return clock? (§ 89-8-21)

The full deposit rules are covered on the sister page, Mississippi security deposit law. The essentials:

• What counts as a deposit. Section 89-8-21(1) governs any payment or deposit of money whose primary function is to secure performance of a rental agreement or any part of it — other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement. Labels do not control; function does.
• No cap, no separate account, no interest. The section sets no maximum amount, no segregation or escrow duty, and no interest duty for a private landlord. Charge what the market will bear — but remember the deposit is held for the tenant, and the tenant's claim to it is prior to the claim of any creditor of the landlord (§ 89-8-21(2)).
• You may claim only what the deposit was for. By written notice delivered to the tenant, the landlord may claim only amounts reasonably necessary to remedy defaults in the payment of rent, to repair damages caused by the tenant exclusive of ordinary wear and tear, to clean the premises on termination of the tenancy, or for other reasonable and necessary expenses incurred as a result of the tenant's default — and only if the payment or deposit was made for any or all of those specific purposes (§ 89-8-21(3)). A deposit taken for a purpose outside that list is not a fund for claims outside that list.
• The notice must itemize. The written notice by which the landlord claims all or any portion of the deposit must itemize the amounts claimed (§ 89-8-21(3)). Send the itemization with the balance, not after it. Our deductions guide covers the documentation, and a move-in/move-out inspection checklist with photos is still your best defense in a deduction fight.
• The clock needs three events. Any remaining portion must be returned no later than 45 days after (1) termination of the tenancy, (2) delivery of possession, and (3) demand by the tenant (§ 89-8-21(3)). All three must have happened; the deadline runs from the last of them. A tenant who never demands technically never starts the clock — do not game it: return the money promptly anyway, because the penalty analysis below turns on good faith.
• The penalty is small, and it is measured on good faith. Retention by a landlord or transferee in violation of the section and with absence of good faith may subject the landlord or transferee to damages not to exceed $200 in addition to any actual damages (§ 89-8-21(4)). If you sell the property, the deposit duties travel with it — a transferee who keeps the money wrongfully is exposed the same way.
• Termination triggers a refund duty independent of the deposit section. If a rental agreement is terminated under § 89-8-13, the landlord shall return all prepaid and unearned rent and the security recoverable under § 89-8-21 (§ 89-8-13(4)).

See the security deposit laws guide for the national picture and the Security Deposit Deadline Finder to calendar the clock.

A worked example

Rent is $1,400 a month and the deposit is $1,400. The tenancy terminates, the tenant delivers possession, and the tenant demands the deposit back, all on Monday, March 2, 2026.

• The return deadline is Thursday, April 16, 2026 — 45 days after March 2, with all three triggering events complete on March 2.
• You claim $745, itemized in a written notice delivered to the tenant: $350 of unpaid rent, $275 to repair tenant-caused damage beyond ordinary wear and tear, and $120 of cleaning on termination.
• The balance due with the itemization is $1,400 − $745 = $655, payable no later than April 16.
• Hold the $655 past April 16 without good faith and the exposure is the $655 as actual damages plus up to $200 under § 89-8-21(4) — small money, but the finding follows you into the next dispute in the same justice court.

Are there rent caps or a grace period in Mississippi, and how binding is the lease?

• No rent control. Nothing in Chapter 89-8 caps rent or rent increases, and a municipality may not, without prior legislative approval, "regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest" (§ 21-17-5(2)(h)). Rent can change only at the end of a term or as the agreement allows — an increase during a fixed term the agreement does not authorize is a breach, not a prerogative.
• No mandatory grace period. The Act sets none. Late is whatever the rental agreement says. Most landlords still write a 3–5 day grace period into the lease; make it explicit. See how to handle late rent.
• No late-fee cap. Late fees are lease-driven, with no statutory ceiling in the Act. State the amount, when it is imposed, and how it is computed — because in a nonpayment eviction, any judge presiding over the hearing "shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant" (§ 89-8-13(5)(b)), and the filing affidavit must identify the amount of rent and any additional fees owed (§ 89-8-33(a)(ii)). A fee that is not in the signed agreement is a fee the court is not directed to honor.
• Rent-increase notice. The Act sets no dedicated increase period for a fixed term (the agreement controls). On a periodic tenancy, an increase rides on the termination notice periods of § 89-8-19: give a month-to-month tenant written notice at least 30 days before the termination date the increase would take effect, and a week-to-week tenant at least 7 days. See how to raise rent legally.
• Partial payments. The Act does not say that accepting partial rent waives a termination. It does say, in the eviction context, that a landlord who accepts payment of the full judgment sums after the move-out date cannot obtain a warrant (§ 89-8-39(4)(a)(ii)) — full payment accepted is the tenancy saved. For anything less than full payment during an active notice, reserve your rights in writing before you take the money.

What repairs must a Mississippi landlord make, and what can a tenant do if they don't? (§ 89-8-23)

The landlord's duties are two, and they are specific (§ 89-8-23(1)). At all times during the tenancy the landlord shall (a) comply with the requirements of applicable building and housing codes materially affecting health and safety, and (b) maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded. The old page's longer list — common areas, electrical, sanitary, ventilating and "other facilities" — is not in this statute; those items matter only if the lease promises them or a code provision materially affecting health and safety reaches them.

Three limits and one permission complete the section. No duty arises for a defect caused by the deliberate or negligent act of the tenant or of persons on the premises with the tenant's permission (§ 89-8-23(2)), or by the tenant's affirmative act or failure to comply with the tenant duties in § 89-8-25 (§ 89-8-23(4)). And subject to § 89-8-5, the landlord and tenant may agree in writing that the tenant perform some or all of the landlord's § 89-8-23 duties, but only if the transaction is entered into in good faith (§ 89-8-23(3)) — a lease clause shifting the heating system to the tenant for no consideration is exactly the kind of agreement that fails that test.

The tenant's duties (§ 89-8-25) are to keep the occupied part of the premises as clean and safe as its condition permits; dispose of ashes, rubbish, garbage and other waste cleanly and safely in compliance with community standards; keep plumbing fixtures as clean as their condition permits; use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances reasonably; not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, or knowingly permit another person to do so; conduct themselves, and require guests to conduct themselves, so as not to disturb neighbors' peaceful enjoyment; inform the landlord of any condition they actually know may cause damage to the premises; to the extent of their legal obligation, maintain the unit in substantially the same condition, wear and tear excepted, and comply with building and housing codes materially affecting health and safety; and not engage in any illegal activity on the leased premises as documented by a law enforcement agency (§ 89-8-25(i)).

Repair and deduct exists — and it is exactly as narrow as its text (§ 89-8-15). If, within 30 days after written notice to the landlord of a specific and material defect that constitutes a breach of the rental agreement or of the landlord's § 89-8-23 obligation, the landlord fails to repair the defect, the tenant may repair it and is entitled to reimbursement within 45 days after submission of receipted bills, provided that (i) the tenant has fulfilled the § 89-8-25 obligations, (ii) the expenses do not exceed one month's rent, (iii) the tenant has not exercised this remedy in the six months immediately preceding, and (iv) the tenant is current in rental payments. Reimbursement is also capped at the usual and customary charge for the work (§ 89-8-15(2)). Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant must notify all other tenants sharing the facilities and arrange the work for the least practicable inconvenience (§ 89-8-15(3)). The cost may be offset against future rent (§ 89-8-15(4)), and the section grants no lien against the property (§ 89-8-15(5)). There is no general rent-withholding right in the Act — repair and deduct under these conditions, termination for material noncompliance under § 89-8-13, and suit are the tenant's tracks. A bill to strip the one-month cap and the six-month limit (HB 840) and a bill to lengthen the nonpayment notice (HB 1352) were both introduced in 2025 and died in committee — the caps and the 3-day notice remain the law. See how to handle maintenance requests for the operational side.

A worked repair example

On Monday, March 2, 2026, a tenant gives you written notice of a specific and material defect — a failed water heater, squarely within your § 89-8-23(1)(b) plumbing and heating duties.

• If you have not repaired it within 30 days — by Wednesday, April 1, 2026 — the tenant may repair it, if the tenant is current on rent, compliant with § 89-8-25, and has not used the remedy since September 2025.
• The repair costs $610 on a $1,400 rent: within the one-month cap, assuming $610 is the usual and customary charge.
• The tenant submits receipted bills on Friday, April 3, 2026. Reimbursement is due within 45 days — by Monday, May 18, 2026 — or the tenant may offset the $610 against future rent.

Treat a § 89-8-15 notice like the legal document it is: the 30-day clock, not a "reasonable time," is what the statute measures.

How much notice is required to terminate a Mississippi tenancy — 3, 14, or 30 days?

Mississippi has three distinct notice tracks, and using the wrong one is the most common reason a filing fails. All of them run through § 89-8-13 (breach), § 89-8-19 (periodic tenancies), or § 89-8-17 (holdover after expiration).

Nonpayment — 3 days (§ 89-8-13(5)(a)). If the material noncompliance is nonpayment of rent, the landlord is not required to give the subsection (3) notice. Instead, the landlord may deliver a notice — in writing, or by email or text message if the tenant has agreed in writing to be notified by that means — specifying that the rental agreement will terminate if payment of the rent is not made within three (3) days. Pay in full within the 3 days and the termination does not happen. There is no certified-mail requirement in the statute; what the eviction filing requires is a copy of the notice you actually delivered (§ 89-8-33(b)(i)), so deliver it in a way you can prove and keep the copy. (The older removal statute's 3-day written notice, § 89-7-27, Second, survives for premises that are not dwelling units — its current title is "Nonresidential evictions" — and is not the track for a home governed by the Act.)

Other material noncompliance — 14 days to cure (§ 89-8-13(3)). For any other material noncompliance with the rental agreement or with § 89-8-25, the nonbreaching party delivers a notice, in writing or by agreed email or text, specifying the acts and omissions constituting the breach and stating that the agreement will terminate on a date not less than 14 days after receipt if the breach is not remedied within a reasonable time not in excess of 14 days. If the breach is remediable by repairs, payment of damages, or otherwise, and the breaching party adequately remedies it before the date specified, the agreement does not terminate (§ 89-8-13(3)(a)). The same track runs in the tenant's favor for a landlord's material noncompliance with the agreement or § 89-8-23 (§ 89-8-13(2)). Neither party may terminate for a condition caused by that party's own deliberate or negligent act or omission, or that of a family member or another person on the premises with that party's consent (§ 89-8-13(3)(c)). The old page's 30-day figure has been wrong since the 2017 amendment substituted 14 days — a notice that promises 30 days is not fatal, but an eviction filed on day 15 after a correctly drawn 14-day notice is proper, and a landlord who waits 30 days out of habit is donating two weeks of possession.

Repeat breach — 14 days, no cure provision (§ 89-8-13(3)(b)). If, in the absence of a showing of due care by the breaching party, substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate on at least 14 days' notice specifying the breach and the termination date. Unlike the first track, subsection (3)(b) contains no remedy clause — the notice is a termination notice, not a cure notice. Keep every prior notice on file; the first notice is an element of the second.

Substantial health-and-safety violation — no notice (§ 89-8-19(4)). Notice to terminate a tenancy is not required when the landlord or the tenant has committed a substantial violation of the rental agreement or the chapter that materially affects health and safety. This is the Act's only no-notice track, and it is deliberately narrow: an ordinary lease violation, however clear, still takes the 14-day notice.

Periodic tenancies — 7 or 30 days (§ 89-8-19). Unless the agreement fixes a definite term, a tenancy is week-to-week if the tenant pays weekly rent and month-to-month in all other cases (§ 89-8-19(1)). Either party may terminate a week-to-week tenancy by written notice given at least 7 days before the termination date (§ 89-8-19(2)), and a month-to-month tenancy by written notice given at least 30 days before the termination date (§ 89-8-19(3)). Note what the Act does not contain: a year-to-year period. The two-month figure in older guides comes from § 89-7-23, which by its own terms "shall not apply to rental agreements governed by the Residential Landlord and Tenant Act."

Fixed terms and holdover (§ 89-8-17). A rental agreement that fixes a definite term expires on the date stated (§ 89-8-17(1)) — no notice is needed to end it. If the tenant holds over, the landlord may at any time after expiration give notice, in writing or by email or text if the tenant has agreed to be notified that way, specifying that the tenant is holding over and that the landlord will commence eviction proceedings no earlier than three (3) days after the notice is provided (§ 89-8-17(2)). The same subsection lets the landlord demand an increase in rent after expiration — subject to the retaliation limit covered below. If the tenant holds over and you accept rent without a written reservation, expect an argument that a periodic tenancy on the old terms began; the Act resolves possession through §§ 89-8-17 and 89-8-19, so make the acceptance terms explicit in writing.

Early exits the Act itself provides. A tenant may terminate for the landlord's material noncompliance through the § 89-8-13(3) track above. A cosigner may terminate on the lessee's death under the Derrick Beard Act (§ 89-8-29, covered below). Servicemembers have federal early-termination rights under the Servicemembers Civil Relief Act, which is federal law, not part of this chapter. Beyond those, early termination is a matter of the agreement — an early-termination clause, a negotiated buyout, or a breach claim. See what to do when a tenant breaks the lease and the lease renewal playbook.

A worked notice example

A tenant's unauthorized occupant and repeated noise violations — breaches of § 89-8-25(e) and (f) — draw a § 89-8-13(3) notice received on Monday, March 2, 2026, specifying the acts and a termination date of Monday, March 16, 2026 (14 days after receipt).

• If the tenant adequately remedies the breaches before March 16, the agreement does not terminate.
• If substantially the same violations recur within six months — say in August 2026 — and the tenant cannot show due care, you may terminate on at least 14 days' notice under § 89-8-13(3)(b), with no cure clause required.
• If instead the tenant simply stops paying March rent ($1,400, due Sunday, March 1, 2026), that is a different track entirely: a 3-day notice delivered Monday, March 2 makes payment due by Thursday, March 5, and you may file on Friday, March 6 if it is not made.

How does a Mississippi residential eviction work step by step?

Since April 21, 2022 (Laws, 2022, ch. 501), a residential eviction in Mississippi is its own statutory action. The old page's description — a generic justice-court removal ending in a "writ of restitution" — does not describe it. Self-help is not part of it: possession over a tenant's objection comes only through this process, and only law enforcement executes the warrant at the end of it.

Step 1 — Grounds (§ 89-8-31). A landlord may commence eviction proceedings (a) for breach of the rental agreement or violation of the chapter, pursuant to § 89-8-13, or (b) for failing to vacate after the termination or expiration of the rental agreement, pursuant to §§ 89-8-17 and 89-8-19. (Section 89-8-31 was amended again by Laws, 2025, ch. 460.) If your facts do not fit (a) or (b) — no breach notice, no termination notice, term not expired — you do not yet have a filing.

Step 2 — Filing (§ 89-8-33). To commence the action, file (a) a sworn affidavit or complaint, based on the terms of the rental agreement, that states the facts requiring removal and identifies the address of the dwelling unit and, if applicable, the amount of rent and any additional fees owed, and (b) a copy of the § 89-8-13 breach notice you delivered, or a copy of the §§ 89-8-17 / 89-8-19 termination notice. The notice copy is not an exhibit of convenience; it is a filing requirement, and § 89-8-37 makes your compliance with § 89-8-33 a condition of both default and contested judgments.

Step 3 — Summons (§ 89-8-35). On filing, a summons issues for service on the person in possession or claiming possession, commanding that person to vacate immediately or show cause before the judge on a named day why possession should not be delivered to you. The summons must also carry the statute's plain-language statement, which tells the tenant, in substance: at the hearing the judge will decide whether the landlord is entitled to possession; if the landlord wins, the tenant will have at least 7 days from the judgment to move out unless a shorter or longer period is ordered for an emergency or other compelling circumstances; in a nonpayment case the tenant does not have to move out if all sums owed are paid before the hearing or, afterwards, by the court-ordered move-out date; property left behind after a timely move-out may be disposed of without further notice; after removal by law enforcement the tenant has no right to reside at the premises, must be granted reasonable access during the 72 hours after removal to retrieve personal property, and after 72 hours the landlord may move remaining property to the curb, a garbage area, or an agreed location and has no obligation to preserve it after removal. Service of the summons is under the applicable Mississippi Rules of Court. (The summons language was updated by Laws, 2025, ch. 460, § 1.)

Step 4 — Hearing, continuances, and judgment (§§ 89-8-37, 89-8-41). The court shall grant a default judgment to the landlord where the landlord complied with § 89-8-33, issuance and service of summons were proper, the tenant fails to appear, and the landlord is otherwise entitled to judgment (§ 89-8-37(1)). It shall grant judgment to the landlord where the landlord complied with § 89-8-33, the judge finds the tenant failed to present a valid defense or counterclaim, and the landlord is otherwise entitled to judgment (§ 89-8-37(2)). Judgments must be signed and executed on the same business day they are granted (§ 89-8-37(3)). Continuances are capped: the court may adjourn from time to time, a single adjournment may not exceed 10 days except by consent of both parties, and in a removal hearing no adjournment may extend the entire hearing beyond 30 days from the date the action was filed (§ 89-8-41). In a nonpayment hearing, remember § 89-8-13(5)(b): the judge must abide by the signed rental agreement.

Step 5 — The move-out order (§ 89-8-39(1)). If judgment of possession is granted, after a hearing or by default, the judge shall order the tenant to vacate in seven (7) days from the date of the judgment, unless a shorter or longer period is justified because of an emergency or other compelling circumstances. A shorter period is justified where, for example, the tenant committed a substantial violation materially affecting health or safety, or poses an immediate and significant risk of damage to the premises or harm to persons on it. Until the move-out date, the tenant keeps the same access the agreement allowed. Unless the tenant makes the § 89-8-39(4) payment described next, the tenant has no right to reside in the premises after the court-ordered move-out date. Property the tenant leaves behind after moving out by the ordered date is abandoned, and the landlord may dispose of it without further notice.

Step 6 — Pay and stay (§ 89-8-39(4)). Where the possession judgment is based solely on nonpayment of rent, the judge shall not issue a warrant for removal if (i) by the court-ordered move-out date the tenant has paid in full all unpaid rent and other sums awarded in the judgment, or (ii) after that date the landlord has accepted payment of those amounts. And the landlord has an obligation of good faith to accept full payment of all sums owed under the money judgment if it is tendered on or before the move-out date. This is the single biggest practical change of the 2022 act for working landlords: a nonpayment judgment is, in effect, a pay-by date. Refusing a full tender to force a vacancy is precisely what subsection (4)(b) forbids.

Step 7 — The warrant and the tenant's property (§ 89-8-39(2), (3)). After the move-out date, on the landlord's request and payment of applicable fees, the judge shall — except where § 89-8-39(4) bars it — immediately issue a warrant for removal to the sheriff or any constable of the county, commanding the officer to remove all persons from the premises and put the landlord into full possession. The warrant is not executed by posting it on the door: law enforcement must actually remove all occupants and place the landlord in physical possession. During the 72 hours after execution, the landlord shall allow the tenant reasonable access to remove personal property, including any manufactured home. If the tenant moves out within those 72 hours leaving property behind, the landlord may dispose of it without further notice; after the 72 hours, the landlord may remove remaining property to the curb, an area designated for garbage, or another location agreed with the tenant. The parties' obligations for a tenant's personal property, including a manufactured home, are governed by § 89-8-39 (§ 89-8-13(6)). Our eviction process guide and how to evict a tenant cover the documentation that supports each step, and the eviction timeline calculator maps the sequence.

A worked eviction example

Rent is $1,400, due Sunday, March 1, 2026, and unpaid. You deliver the § 89-8-13(5)(a) 3-day notice on Monday, March 2, 2026; payment is not made by Thursday, March 5.

• Friday, March 6, 2026: you file the sworn affidavit or complaint (facts, address, $1,400 rent and any agreement fees owed) with a copy of the 3-day notice attached, as § 89-8-33 requires.
• The summons issues and is served under the Rules of Court, carrying the § 89-8-35 statement — including the pay-and-stay warning.
• Suppose judgment for possession is granted on Monday, March 16, 2026, signed and executed the same business day (§ 89-8-37(3)). The court orders the tenant to vacate in 7 days: Monday, March 23, 2026.
• If the tenant tenders all unpaid rent and sums awarded in full on or before March 23, you must accept it in good faith, and no warrant may issue (§ 89-8-39(4)). If the tenant neither pays nor leaves, you request the warrant after March 23; the sheriff or constable removes the occupants and puts you in physical possession, and the tenant then has 72 hours of reasonable access for belongings.

What do Mississippi's good-faith, retaliation, and entry rules require of landlords? (§ 89-8-9)

Good faith is a statutory duty, not a slogan (§ 89-8-9). Every duty under the chapter, and every act that must be performed as a condition precedent to exercising a right or remedy under it — the 2022 amendment spells out "including the landlord's termination of a tenancy or the nonrenewal of a rental agreement or the removal of a tenant from the premises" — imposes an obligation of good faith in its performance or enforcement. The deposit penalty's "absence of good faith" (§ 89-8-21(4)) and the pay-and-stay acceptance duty (§ 89-8-39(4)(b)) are applications of this rule, not exceptions to it.

Retaliation has one defined setting (§ 89-8-17(2)). After a rental agreement expires, a landlord may recover possession, cause the tenant to quit involuntarily, and demand an increase in rent — if those actions do not have the dominant purpose of retaliation against the tenant for actions authorized under the chapter, and the landlord received written notice of each condition that was the subject of the tenant's actions. Two practical consequences: a landlord who never got written notice of the condition the tenant complained about is outside the subsection's retaliation bar by its terms, and a landlord who did get written notice and moves to remove the tenant immediately after should expect the dominant-purpose question to be the center of the hearing. Outside that setting, discrimination law and the § 89-8-9 good-faith duty are the operative limits; Chapter 89-8 contains no general presumption window and no retaliation penalty formula, and the old page's unqualified "retaliation is prohibited" was broader than the statute. Document a legitimate, independent reason for every post-complaint action, in writing, before you take it.

Entry has no statute (§ 89-8-19 and Ch. 89-8 generally). The Act sets no entry-notice period and no entry hours. The lease controls — so put a 24-hour written notice policy, with an emergency exception, in the agreement, and log every entry. "No statute" is not "no risk": entry outside the agreement's terms is a breach of the agreement, and § 89-8-9's good-faith duty applies to every act under the chapter.

Rules you adopt later must pass § 89-8-11. A landlord may adopt written rules concerning the tenant's use and occupancy, enforceable only if their purpose is to promote the convenience, safety or welfare of the tenants, preserve the landlord's property from abusive use, or fairly distribute services and facilities; they are reasonably related to that purpose; they apply to all tenants fairly; they are sufficiently explicit to fairly inform the tenant what must or must not be done; and they are not adopted to evade the landlord's obligations. A rule adopted or amended after the tenant signs is enforceable only with reasonable notice and only if it does not work a substantial modification of the rental agreement (§ 89-8-11(2)).

Waivers are void (§ 89-8-5). No agreement, oral or written, may waive or forego any right, duty or remedy under the chapter except as the chapter itself provides — and no rental agreement may authorize any person to confess judgment on a claim arising out of the agreement, or exculpate or limit the landlord's liability arising from the landlord's willful misconduct (or the costs connected with it). A lease clause that contradicts the chapter does not protect the party who drafted it; it simply fails.

Death of the lessee — the Derrick Beard Act (§ 89-8-29). A cosigner of a residential lease may terminate, and is presumed to have terminated, the lease before its expiration on the death of the lessee — or, if there is more than one lessee, on the death of all of them. The cosigner must notify the landlord within 30 days of the death only if the cosigner chooses not to terminate. Termination does not relieve the lessee's estate or the cosigner of liability for rent and other sums owed before the death, rent for the remainder of the month or other 30-day period in which the death occurred, or amounts necessary to restore the premises to their condition at commencement, ordinary wear and tear excepted. Any attempted waiver of the termination right is void. The section applies to leases entered into or renewed from and after July 1, 2011.

Discrimination

Mississippi has no state fair-housing statute adding protected classes — the operative list is the federal Fair Housing Act's: race, color, religion, sex, national origin, familial status, and disability. That is the whole list under Mississippi law — no state-level additions for ancestry, sexual orientation, source of income, or criminal history. Federal enforcement is nonetheless real and well funded, and the Act's own rules still bind you: adopt identical written screening criteria for every applicant, apply them in order, and document every decision. See our fair housing guide and the tenant screening services comparison. One practical note: assistance animals are not pets under federal law — see our emotional support animals guide before charging a pet deposit or pet rent for one.

When the clocks actually start

• Deposit clock (§ 89-8-21(3)): 45 days from the last of termination, delivery of possession, and the tenant's demand. One event alone starts nothing.
• Nonpayment clock (§ 89-8-13(5)(a)): 3 days from delivery of the notice; the notice must state the agreement will terminate if the rent is not paid within those 3 days. Email or text counts only with the tenant's prior written agreement to be notified that way.
• Cure clock (§ 89-8-13(3)): the termination date in the notice must be not less than 14 days after receipt — receipt, not mailing — and an adequate remedy before that date defeats the termination.
• Repeat-breach window (§ 89-8-13(3)(b)): six months from the prior noncompliance of which notice was given. No first notice, no repeat track.
• Repair-and-deduct clocks (§ 89-8-15): 30 days from the tenant's written notice of a specific and material defect before the tenant may repair; 45 days from submission of receipted bills for reimbursement; six months since the tenant last used the remedy.
• Periodic notice (§ 89-8-19): 7 or 30 days counted backwards from the termination date — the notice must be given at least that many days prior to the termination date it names.
• Holdover clock (§ 89-8-17(2)): eviction proceedings no earlier than 3 days after the holdover notice is provided.
• Move-out clock (§ 89-8-39(1)): 7 days from the date of the judgment, not from service or from the warrant — and the pay-and-stay deadline (§ 89-8-39(4)) is that same move-out date.
• Property clock (§ 89-8-39(3)): 72 hours from execution of the warrant — and posting the warrant on the door is not execution.

A 10-step compliance checklist

1. Put the deposit's purposes in the lease, in § 89-8-21(3)'s terms — the deposit can only be claimed against for the purposes it was given for.

2. Calendar every deposit return from the third triggering event (termination, possession, demand), and deliver the itemized written notice with the balance inside 45 days.

3. Write late fees into the signed agreement with the trigger and the computation — § 89-8-13(5)(b) directs the judge to abide by that agreement.

4. Serve nonpayment notices on the 3-day track, in writing (email or text only with prior written agreement), and keep the exact copy for the § 89-8-33 filing.

5. Draw every other breach notice to § 89-8-13(3): specify the acts and omissions, date it at least 14 days after receipt, and file the first notice — it is an element of the 14-day repeat track.

6. Never file before the notice expires, and attach the notice copy to the sworn affidavit or complaint.

7. Treat any written defect notice as a § 89-8-15 document: diary day 30, and if the tenant repairs, diary the 45-day reimbursement date from the receipted bills.

8. After judgment, diary the 7-day move-out date — and instruct everyone on your side that a full tender on or before that date must be accepted in good faith and ends the removal.

9. After a warrant is executed, give and document 72 hours of reasonable access before moving any remaining property to the curb.

10. Before any post-expiration removal or rent demand, check § 89-8-17(2): did you receive written notice of the condition the tenant acted on, and can you document a non-retaliatory, dominant purpose?

FAQ

Is there a maximum security deposit in Mississippi?

No. Section 89-8-21 sets no cap on the amount, no separate-account requirement, and no interest requirement. It regulates what the deposit may be claimed against, the itemized written notice, the 45-day return deadline, and the bad-faith penalty — not the size of the deposit. Check a planned deposit against Mississippi's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Mississippi landlord have to return a security deposit?

No later than 45 days after all three events have occurred: termination of the tenancy, delivery of possession, and demand by the tenant (§ 89-8-21(3)). The landlord's claims must be delivered in a written notice that itemizes the amounts claimed, and the remainder goes back with it.

What is the penalty for keeping a Mississippi security deposit too long?

Retention in violation of § 89-8-21 and with absence of good faith exposes the landlord or a transferee to damages of up to $200 in addition to actual damages (§ 89-8-21(4)). The amount wrongfully kept is itself recoverable as actual damages; the $200 is the statutory add-on, not the whole remedy.

How much notice is required for nonpayment of rent in Mississippi?

Three days. Under § 89-8-13(5)(a), the landlord delivers a notice — in writing, or by email or text if the tenant agreed in writing to be notified that way — stating the agreement will terminate if the rent is not paid within 3 days. Full payment within the 3 days stops the termination. The statute does not require certified mail.

How much notice is required for a lease violation in Mississippi?

Fourteen days to cure. Under § 89-8-13(3), the notice must specify the acts and omissions constituting the breach and a termination date not less than 14 days after receipt; if the breach is adequately remedied before that date, the agreement does not terminate. The frequently quoted 30-day period is the pre-2017 text.

What happens if the tenant repeats the same violation?

If substantially the same act or omission recurs within six months of a prior noticed noncompliance, and the tenant cannot show due care, the landlord may terminate on at least 14 days' notice specifying the breach and the termination date (§ 89-8-13(3)(b)). That repeat track states no right to cure.

How much notice ends a month-to-month tenancy in Mississippi?

Thirty days' written notice, given at least 30 days before the termination date, by either party (§ 89-8-19(3)). A week-to-week tenancy takes 7 days (§ 89-8-19(2)). The Act contains no year-to-year period; the two-month rule in § 89-7-23 expressly does not apply to agreements governed by the Act.

Can a Mississippi tenant repair and deduct?

Yes, on strict conditions (§ 89-8-15): written notice of a specific and material defect; the landlord fails to repair within 30 days; the tenant is current on rent and has fulfilled the § 89-8-25 duties; the cost is no more than one month's rent and no more than the usual and customary charge; and the tenant has not used the remedy in the preceding six months. The tenant is then entitled to reimbursement within 45 days after submitting receipted bills, and may offset the cost against future rent.

Can a tenant stop a Mississippi eviction by paying after judgment?

In a case based solely on nonpayment, yes — up to the court-ordered move-out date. The judge may not issue a warrant for removal if, by that date, the tenant has paid in full all unpaid rent and other sums awarded in the judgment, and the landlord must in good faith accept full payment tendered on or before that date (§ 89-8-39(4)). The summons itself must warn the tenant of this right (§ 89-8-35).

How long does a tenant have to move out after an eviction judgment?

Seven days from the date of the judgment, unless the court finds a shorter or longer period justified by an emergency or other compelling circumstances (§ 89-8-39(1)). Only after that date may the landlord obtain a warrant for removal, executed by the sheriff or a constable — posting the warrant on the door does not count as execution (§ 89-8-39(2)).

Is there rent control or a late-fee cap in Mississippi?

Neither. The Act caps neither rent nor late fees; late fees are what the signed agreement says, and in a nonpayment hearing the judge must abide by that agreement (§ 89-8-13(5)(b)). Municipalities are separately barred from regulating the rent charged for private residential property without prior legislative approval (§ 21-17-5(2)(h)).

How much notice must a Mississippi landlord give before entering?

The Act sets no entry-notice period; entry is governed by the rental agreement. The working standard is to write a 24-hour notice policy (emergencies excepted) into the lease and to log every entry — entry outside the agreement's terms is a breach of the agreement, and every act under the chapter carries the § 89-8-9 good-faith duty.

Primary sources

• Miss. Code § 89-8-3 (Justia) — application of the chapter to post-July 1, 1991 rental agreements, the trespasser sentence, and the six exclusions.
• Miss. Code § 89-8-5 (Justia) — waiver of rights prohibited; confession-of-judgment and willful-misconduct exculpation clauses barred.
• Miss. Code § 89-8-9 (Justia) — the good-faith obligation, expressly including termination, nonrenewal, and removal.
• Miss. Code § 89-8-11 (Justia) — landlord rules: the five enforceability conditions and the substantial-modification limit on later rules.
• Miss. Code § 89-8-13 (FindLaw) — termination for breach: the 14-day cure notice, the 14-day repeat track, return of prepaid rent, the 3-day nonpayment notice, the judge-abides-by-the-agreement rule, and the § 89-8-39 property cross-reference.
• Miss. Code § 89-8-15 (Justia) — repair of defects by the tenant: 30-day notice, one-month and usual-and-customary caps, six-month limit, current-on-rent condition, 45-day reimbursement, offset against rent, no lien.
• Miss. Code § 89-8-17 (Justia) — expiration of fixed terms, the 3-day holdover notice, post-expiration rent demands, and the dominant-purpose retaliation limit.
• Miss. Code § 89-8-19 (FindLaw) — duration of tenancy: week-to-week and month-to-month defaults, the 7-day and 30-day written notices, and the no-notice substantial-violation rule.
• Miss. Code § 89-8-21 (Justia) — the security deposit: no cap, creditor priority, the reasonably-necessary claim categories, itemization, the 45-day three-event return clock, and the $200-plus-actual-damages bad-faith penalty.
• Miss. Code § 89-8-23 (FindLaw) — the landlord's two duties, the tenant-caused-defect limits, and the good-faith written delegation permission.
• Miss. Code § 89-8-25 (Justia) — the tenant's duties, including the law-enforcement-documented illegal-activity bar.
• Miss. Code § 89-8-29 (Justia) — the Derrick Beard Act: cosigner termination on the lessee's death, preserved liabilities, and the void-waiver rule.
• Miss. Code § 89-8-31 (Justia) — residential evictions authorized: the § 89-8-13 breach track and the §§ 89-8-17 / 89-8-19 failure-to-vacate track (2022, ch. 501; amended 2025, ch. 460).
• Miss. Code § 89-8-33 (Justia) — required filing documents: the sworn affidavit or complaint and the copy of the breach or termination notice.
• Miss. Code § 89-8-35 (Justia) — issuance of summons and the required plain-language statement, including the 7-day move-out and pay-and-stay warnings (amended 2025, ch. 460).
• Miss. Code § 89-8-37 (Justia) — default and contested judgments for the landlord, and same-business-day signing and execution of judgments.
• Miss. Code § 89-8-39 (Justia) — the order to vacate in 7 days, the warrant for removal and its execution, the 72-hour access rule, abandoned property, and the pay-and-stay bar with the landlord's good-faith acceptance duty (amended 2025, ch. 460).
• Miss. Code § 89-8-41 (Justia) — continuances: the 10-day single-adjournment cap and the 30-day outer limit for removal hearings.
• Miss. Code § 89-7-23 (Justia) — the general notice-to-terminate statute, including its own statement that it does not apply to rental agreements governed by the Residential Landlord and Tenant Act.
• Miss. Code § 21-17-5 (Justia) — municipal powers, including the bar on regulating rent for private residential property without prior legislative approval.

More landlord-tenant law guides

• Landlord-tenant law by state
• Minnesota landlord-tenant law
• Missouri landlord-tenant law
• Michigan landlord-tenant law
• Montana landlord-tenant law

This is general information, not legal advice. Consult a Mississippi landlord-tenant attorney for specific situations.