Mississippi Rental Lease Agreements
The Mississippi Rental Lease Agreements are contracts that carry the purpose of regulating the relationship and responsibilities of a landlord and tenant. The agreement should make it clear to both parties what their obligations are in relation to such issues as how a tenant should pay the rent, to the amount a landlord demands for a security deposit.
To clarify any fundamental matters that Mississippi landlord-tenant laws do not cover, such as landlord access, both parties should ensure these are clearly expressed in a written rental contract.
Types of Agreements
Commercial Lease Agreement – To facilitate the lease of a commercial property, this agreement should be drafted and signed by a landlord who owns the property and a business who wants to lease it.
Lease to Own Agreement – A contract that serves to aid the process of a tenant purchasing the property they lease from a landlord.
Month-to-Month Rental Agreement – In circumstances where a landlord or tenant only requires a short-term residential lease, this is the most suitable agreement to use.
Roommate Agreement – Exclusively signed by roommates, this document encourages roommates to follow the obligations they mutually agree upon.
Standard Residential Lease Agreement – This contract is required to be completed and signed by a landlord and tenant in order to legally rent a property in the state of Mississippi.
Sublease Agreement – An agreement that details the circumstance whereby a sublandlord leases part or all of a rental property to a subtenant.
What is a Mississippi Lease Agreement?
A Mississippi Lease Agreement is a document that establishes a legal record of a given landlord-tenant relationship. Both parties should be able to understand each and every provision so that they fully comprehend how they must conduct themselves. If landlords are still in the process of selecting a suitable tenant, they should distribute rental applications to any individuals they are considering.
State Definition (§ 89-8-7.) – “means all agreements, written or oral, except to the extent an agreement under this chapter or Chapter 7, Title 89, Mississippi Code of 1972, must be in writing, and valid rules and regulations adopted under Section 89-8-11 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
When is Rent Due?
As state law does not dictate when rent is due, this should be spelled out in the lease agreement. Generally, rent is due on the first of the month. State law does not provide for a grace period, however, landlords wishing to grant one can specify this in the lease agreement.
Emergency: There is no state statute regarding landlord access in emergency circumstances. That being said, landlords have the right to enter the rental dwelling without notice in emergency circumstances, as protected by federal law.
Non-Emergency: Mississippi state laws do not provide guidance on the matter of non-emergency landlord access. The rental contract should thus specify this matter in detail. It is recommended that landlords give reasonable notice of at least twenty-four (24) hours prior to entry. Landlords are also advised to only enter on Monday through Friday from 9 a.m. to 6 p.m.
- Lead Paint Disclosure: The only disclosure legally required in any Mississippi rental agreement is one established by federal law. That is, landlords of rental properties that were built before 1978 are required to disclose any known lead paint hazards to tenants. Moreover, they must furnish a copy of a government-issued pamphlet on the topic.
Security Deposit Laws
Maximum: State law does not place a cap on the maximum amount a landlord may charge a tenant for a security deposit.
Returning to Tenant (§ 89-8-21(3)): Landlords must return a security deposit within forty-five (45) days after the termination of tenancy. If there are any deductions the landlord will make due to damages caused by the tenant, the landlord must furnish the tenant with a written that itemizes the amounts claimed.