Laws by state / Mississippi

Mississippi landlord and tenant rules

The figures that decide most disputes between Mississippi landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research

Rule	Mississippi	Statute	Tool
Maximum security deposit	No statutory limit	Miss. Code Ann. § 89-8-21(3)-(4)	Deposit rules
Deposit return deadline	No later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant; itemized written notice required for any amounts claimed	Miss. Code Ann. § 89-8-21(3)-(4)	Deposit rules
Interest on the deposit	Not required	Miss. Code Ann. § 89-8-21(3)-(4)
Maximum late fee	No statutory cap	No statute (Miss. Code Title 89, Ch. 8 is silent on late fees)	Late fee calculator
Landlord notice, month-to-month	30 days	Miss. Code Ann. § 89-8-13(5)(a) (residential, 3-day notice for nonpayment); § 89-7-27 (3-day notice, now limited to premises not constituting a dwelling unit); § 89-8-19 (termination notice)	Notice calculator
Tenant notice, month-to-month	30 days	Miss. Code Ann. § 89-8-13(5)(a) (residential, 3-day notice for nonpayment); § 89-7-27 (3-day notice, now limited to premises not constituting a dwelling unit); § 89-8-19 (termination notice)	Notice calculator
Rent increase notice	30 days	Miss. Code Ann. § 89-8-13(5)(a) (residential, 3-day notice for nonpayment); § 89-7-27 (3-day notice, now limited to premises not constituting a dwelling unit); § 89-8-19 (termination notice)	Notice calculator
Pay-or-quit notice	3 days	Miss. Code Ann. § 89-8-13(5)(a) (residential, 3-day notice for nonpayment); § 89-7-27 (3-day notice, now limited to premises not constituting a dwelling unit); § 89-8-19 (termination notice)	Notice calculator
Rent increase cap	None statewide

Security deposits in Mississippi

Mississippi sets no statutory limit on the size of a security deposit. The deposit must be returned no later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant; itemized written notice required for any amounts claimed. No interest is owed on the deposit under state law. Statute text read verbatim in the Mississippi Attorney General's published copy of the Residential Landlord and Tenant Act (PDF, 2021) and on the FindLaw mirror (current as of Jan 1, 2025); the official code is hosted by LexisNexis and law.justia.com returned 403. § 89-8-21(3): remaining deposit 'shall be returned to the tenant 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(4): bad-faith retention exposes landlord to up to $200 in addition to actual damages. No deposit cap, no interest requirement, no separate account requirement. No 2024-2026 amendments to § 89-8-21 found. Full deposit rules and move-out checklist.

Late fees in Mississippi

Mississippi sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in Mississippi

A Mississippi landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Mississippi?

There is no statutory cap in Mississippi; the market and the lease decide. Statute text read verbatim in the Mississippi Attorney General's published copy of the Residential Landlord and Tenant Act (PDF, 2021) and on the FindLaw mirror (current as of Jan 1, 2025); the official code is hosted by LexisNexis and law.justia.com returned 403. § 89-8-21(3): remaining deposit 'shall be returned to the tenant 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(4): bad-faith retention exposes landlord to up to $200 in addition to actual damages. No deposit cap, no interest requirement, no separate account requirement. No 2024-2026 amendments to § 89-8-21 found.

What is the maximum late fee for rent in Mississippi?

There is no statutory maximum in Mississippi. No statute caps late fees or sets a grace period; fees are governed by the rental agreement. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in Mississippi?

30 days’ written notice for a month-to-month tenancy. Month-to-month: written notice at least 30 days before the termination date by either party (§ 89-8-19(3)); week-to-week: 7 days (§ 89-8-19(2)). No notice required where the other party committed a substantial violation materially affecting health or safety (§ 89-8-19(4)).

How long is a pay-or-quit notice in Mississippi?

3 days. The tenant can stop the eviction by paying the full amount within that time.