Mississippi Lease Agreement Review
Mississippi has no deposit cap or entry-notice statute, but its Residential Landlord and Tenant Act contains two practical tools: a 45-day refund rule with itemization, and one of the clearer repair-and-deduct remedies in the South, capped at a month's rent. Both come with conditions, and tenants in Jackson, Gulfport or Oxford need to follow them precisely to rely on them.
Security deposit
No statewide cap
Entry notice
No statutory notice period
Security deposits in Mississippi
Mississippi sets no statutory deposit cap or fixed entry-notice period, so the lease controls both.
Mississippi lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Mississippi
Mississippi does not fix an entry-notice period by statute, so the lease controls, which makes the entry clause worth reading closely. A fair lease should still require reasonable advance notice (at least 24 hours) for non-emergency entry.
Habitability and repairs in Mississippi
Like nearly every state, Mississippi recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
When must a Mississippi landlord return a deposit?
Miss. Code 89-8-21 requires the landlord to return any unused portion within 45 days after the tenancy ends, you surrender possession and you demand the deposit. Any amount kept must be itemized in written notice. Allowed deductions are unpaid rent, repairs for damage beyond normal wear and tear, move-out cleaning, and other reasonable costs caused by your default. If the landlord keeps the deposit in violation of the statute and without good faith, you may recover up to $200 on top of actual damages.
How does repair-and-deduct work in Mississippi?
Under 89-8-15, if the landlord fails to fix a specific and material defect within 30 days after written notice, you may make the repair and seek reimbursement, which is due within 45 days after you give receipted bills. Costs cannot exceed one month's rent and are limited to the usual and customary charge. You must be current on rent, have met your own tenant obligations under 89-8-25, and not have used the remedy in the previous six months. Unreimbursed costs can be offset against future rent, but they do not create a lien on the property, so keep every receipt as proof of payment. Before repairing a shared facility, notify the other tenants and schedule the work to minimize disruption.
Mississippi sources checked 2026-10-09: Miss. Code 89-8-21 (FindLaw) · Miss. Code 89-8-15 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Mississippi lease
- Security deposit vs the Mississippi limit, and the return terms
- Landlord entry notice against Mississippi requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Mississippi lease FAQ
How much can a landlord charge for a security deposit in Mississippi?
As of October 2026, the security-deposit rule in Mississippi is: No statewide cap. Mississippi sets no statutory deposit cap or fixed entry-notice period, so the lease controls both. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Mississippi law when you run your lease.
How much notice must a landlord give before entering in Mississippi?
Mississippi does not set a fixed entry-notice period by statute, so the lease and your right to quiet enjoyment control. Best practice, and what a fair lease should require, is at least 24 hours’ advance notice for non-emergency entry.
Can a Mississippi lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Mississippi lease; it does not override your rights.
How much can a landlord charge as a security deposit in Mississippi?
Mississippi caps it: No statewide cap. Mississippi sets no statutory deposit cap or fixed entry-notice period, so the lease controls both. 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Mississippi treat deposits the same way?
No, and the gap can be large: Alabama (1 month), Arkansas (2 months). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Mississippi's.
Is there anything specific to Mississippi tenants should know?
Mississippi sets no statutory deposit cap or fixed entry-notice period, so the lease controls both. With no statutory notice period for entry, the access clause in the lease is what governs, so read it rather than assuming a default.
Do I have to ask for my Mississippi deposit back?
Yes. The 45-day clock in Miss. Code 89-8-21 starts only after the tenancy ends, you surrender possession and you demand the deposit. Send a written demand with a forwarding address when you return the keys, and keep a copy so you can prove when the clock started.
How often can I use repair-and-deduct in Mississippi?
Once in any six-month period. Miss. Code 89-8-15 also requires written notice, a 30-day wait for the landlord to repair, rent that is current, and costs no greater than one month's rent. The landlord then has 45 days after receiving your receipted bills to reimburse you, and unpaid amounts can be offset against future rent.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 2 of the 4 states bordering Mississippi use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Mississippi landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Mississippi law when you run your lease, and you should confirm anything critical with a qualified Mississippi attorney.