Did you know that Barq’s Root Beer was invented in Biloxi Mississippi in 1898? And… that the world’s largest shrimp is on display in Mississippi at the Old Spanish Fort Museum? Best of all, Mississippi is largely a landlord-friendly state where regulations are concerned.
At a Glance:
Late Fees: There are no written-into-law limits on how much to charge a tenant when the rent is late (“reasonable” limits still apply).
Security Deposit: No specified statutes on the limitation of a security deposit in Mississippi (likewise: keep it “reasonable” or the judge will side with the renter).
Returned Payment Fee Limit: $40 may be collected as the fee for a bad check.
Notice to Enter: The law is silent on the amount of time or type of notice to provide before entrance.
Late Fee/Returned Check Fee:
Even though the landlord tenant statutes have no specification regarding late fees, there are other statutes that do regulate late payment charges in general. It is best to keep things reasonable or contact an attorney if you are not sure what to charge.
Security Deposits:
Although there are no restrictions placed on how much is collected for use as a security deposit, there are regulations on what may be deducted and when it must be returned. The landlord must within forty-five days after the tenant moves out, either:
- Return the security deposit in full OR
- Return the balance of the security deposit, if any, less any permitted charges.
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Maintenance:
Mississippi Code 89-8-23 provides that the landlord must keep the main systems in order and follow all health, safety, and local housing codes.
Right of Entry:
There is no written statute except that the lease must state when and how a landlord may enter. For instance, “Landlord may enter the rental unit to show the property by giving tenant 2 days’ notice” (IMPORTANT: example only, not legal direction).
Notice to End Lease:
To end the vacancy in Mississippi, the following is needed:
- Lease arrangements where there is a definitive ending date: no notice needed, lease just ends. Tenant moves out.
- Month to month lease: A thirty (30) day advance written notification is needed.
- Week to week: One week advance notice is needed.
Eviction:
If your tenant does not pay the rent, a 3-day written notice is needed before eviction. If the tenant commits another violation that is not late rent related, a notice in advance must be given stating the violation (and the date the lease will terminate) of thirty (30) days. If the tenant fixes it, he can stay. But, if the tenant does not fix it, eviction can occur. What’s more, if the tenant recommits the same offense or one similar, (within a 6 month’s time), the landlord gives a 14 day termination notice. The tenant will have to leave or face eviction.
Questions? Ask an Attorney!
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