Mississippi has a written Residential Landlord and Tenant Act, but many tenants and landlords have never read it. The statute sets duties on both sides, regulates deposits, and now contains a detailed residential-eviction process. Here is what the law says in practical terms.
The Short Answer
Mississippi's Residential Landlord and Tenant Act, Miss. Code Ann. § 89-8-1 et seq., governs most residential rental relationships. The Act sets landlord duties, tenant duties, security-deposit rules, notice requirements, and residential-eviction procedures. A residential landlord should not lock out a tenant, shut off utilities, or remove belongings as a substitute for court process. Current Mississippi residential-eviction law requires notice, filing, summons, hearing, judgment, a court-ordered move-out date, and, if necessary, a warrant for removal executed by law enforcement.
1. What the Landlord Owes You
Under Miss. Code Ann. § 89-8-23, a residential landlord must, at all times during the tenancy:
- Comply with applicable building and housing codes that materially affect health and safety
- Maintain the dwelling unit, its plumbing, and heating and cooling systems in substantially the same condition as at the start of the lease, less reasonable wear and tear
The landlord is not responsible for defects caused by the tenant's deliberate or negligent acts. Some maintenance duties can be allocated by a good-faith written agreement, but the Act remains the baseline.
2. What You Owe the Landlord
Tenants have statutory duties under Miss. Code Ann. § 89-8-25. Those duties include paying rent, keeping the unit clean and safe, properly using appliances and facilities, not damaging the premises beyond ordinary wear and tear, and complying with reasonable written rules.
A tenant who breaches the lease may give the landlord a ground to terminate the tenancy. But a ground for termination is not the same thing as permission to take possession without the formal Mississippi eviction process.
3. Security Deposits
Security deposits are governed by Miss. Code Ann. § 89-8-21. A landlord may claim amounts reasonably necessary for unpaid rent, repair of damage beyond ordinary wear and tear, cleaning upon termination, and other reasonable and necessary expenses caused by the tenant's default.
The landlord must provide written notice itemizing any amounts claimed. The remaining portion of the deposit must be returned within 45 days after termination of the tenancy, delivery of possession, and demand by the tenant.
If your deposit is withheld, document the move-out condition with photos and video, keep proof of the date possession was delivered, and send a written demand.
4. Habitability and Written Notice
If the landlord materially fails to comply with the lease or the duties imposed by § 89-8-23, the tenant's remedies are governed by statute. Under Miss. Code Ann. § 89-8-13, the nonbreaching party generally gives written notice identifying the breach and stating that the rental agreement will terminate on a date not less than 14 days after receipt of notice if the breach is not remedied within a reasonable time not exceeding 14 days.
This means procedure matters. Simply withholding rent without following the statute can backfire. A tenant with a habitability problem should document the condition, give written notice, keep proof of delivery, and get advice before stopping rent payments.
5. No Self-Help Removal in Residential Cases
For residential tenancies, Mississippi's current eviction statutes are in Miss. Code Ann. §§ 89-8-31 through 89-8-43. Those sections govern when a landlord may file, what documents must be filed, what the summons must say, when judgment may be entered, the move-out date, the warrant for removal, and appeals.
A residential landlord should not:
- Change locks to force the tenant out
- Shut off utilities to force the tenant out
- Remove belongings before the statutory process
- Threaten or intimidate a tenant into leaving
- Interfere with access before the court-ordered move-out date
If a judgment of possession is entered, the court generally orders the tenant to vacate seven days from the date of judgment unless emergency or compelling circumstances justify a different period. Before that court-ordered move-out date, the tenant has the same access to the premises as allowed by the rental agreement. After the date passes, the landlord may request a warrant for removal, which is executed by the sheriff or constable. Miss. Code Ann. § 89-8-39.
6. Nonpayment of Rent
If the material noncompliance is nonpayment of rent, Miss. Code Ann. § 89-8-13(5) allows the landlord to give notice stating that the rental agreement will terminate if payment is not made within three days.
Even after judgment, residential nonpayment cases have an important statutory protection. If the judgment is based solely on nonpayment of rent, the judge may not issue a warrant for removal if the tenant pays in full all unpaid rent and other sums awarded in the judgment by the court-ordered move-out date, or if the landlord accepts payment after that date. Miss. Code Ann. § 89-8-39(4).
7. Lease Terms That Do Not Override the Statute
A lease provision that conflicts with the Residential Landlord and Tenant Act may be unenforceable to the extent of the conflict. A lease should not be read to waive the statutory eviction process, the landlord's health-and-safety duties, or the security-deposit rules.
The lease still matters. Courts will enforce many lease terms. But the statute is the floor.
8. What to Do If Your Landlord Crosses the Line
If you have been locked out, had utilities shut off, or had belongings removed without a court process:
- Do not break back in. That can create criminal or safety problems.
- Document everything. Photos, texts, emails, witness names, and dates.
- Request a police report if appropriate. The officer may not resolve possession, but the report creates a record.
- Contact a lawyer quickly. Time matters when belongings and possession are at risk.
If your security deposit has been wrongfully retained, send a written demand, preserve proof of possession delivery, and document the move-out condition.
9. When to Call a Lawyer
Landlord-tenant disputes often turn on procedure. A defective notice, missed proof of delivery, or poorly documented habitability issue can change the case. A statutory demand letter or early court filing may resolve a dispute faster than informal argument.
Get a Consultation
Sheppard Law Firm represents Mississippi tenants and landlords in disputes governed by the Residential Landlord and Tenant Act and Mississippi eviction statutes. Call 601-688-4110 or contact us online for a consultation.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Every situation is different. If you have a landlord-tenant issue, contact Sheppard Law Firm to discuss your specific circumstances.