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Mississippi Apartment Lease Agreement

A Mississippi apartment lease agreement legally binds and governs tenants’ and landlords' relationship during the rental period. The lease agreement is typically signed before the tenant moves into the apartment but may also be signed during renewal. This written document is a reference point for the landlord and tenant, detailing their respective rights, responsibilities, and obligations throughout the tenancy.

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Mississippi Apartment Lease Agreement

A Mississippi apartment lease agreement is governed by state and federal laws, including the Mississippi Landlord-Tenant Act and the Fair Housing Act. The lease agreement should be drafted in compliance with these laws to ensure that the rights and obligations of both parties are clearly defined and enforceable.

Security Deposit

  • Holding the security deposit: The landlord must hold the security deposit for the tenant, who’s a party to the rental agreement. The tenant’s claim to the security deposit takes priority over any claims by the landlord’s creditors.
  • Deductions from the security deposit: The landlord can only deduct amounts from the security deposit that are reasonably necessary for:
  • Unpaid rent
  • Repairing damages caused by the tenant (excluding normal wear and tear)
  • Cleaning the premises after the tenant’s move-out
  • Other reasonable expenses due to the tenant’s default
  • Itemized deductions: If the landlord plans to deduct any amounts from the security deposit, they must provide a written notice to the tenant, itemizing the deductions.
  • Return of remaining deposit: The landlord must return any remaining portion of the security deposit to the tenant within 45 days after the termination of the tenancy and the tenant’s delivery of possession.
  • Violation and damages: If the landlord retains any portion of the security deposit in violation of the law and without good faith, they may be subject to damages of up to $200 on top of existing damages.

Entry Access

  • Landlords can enter with tenant consent or for reasons stated in the lease agreement or state law, such as:
    • Making repairs
    • Showing the apartment to other buyers or renters
    • Emergencies
  • Landlords must provide reasonable written notice specifying the date and time of entry, except in emergencies.
  • Tenants can refuse entry if the landlord lacks consent, valid lease terms, or an emergency.

Pets Policy

  • Tenants can have pets if complying with the guidelines. Landlords can’t charge pet fees unless there’s damage.
  • Service and support animals are allowed under federal law. Reasonable restrictions apply if specific animals endanger property/safety.  

Disclosures

When renting out housing, agents and landlords in Mississippi are required to disclose information about the property. This ensures the incoming tenant can make an informed decision before signing a Mississippi apartment lease agreement. 

  • Lead paint disclosure: Under Mississippi law, landlords must inform tenants if lead paint is present in properties built before 1978. This disclosure ensures tenants know the potential health risks associated with lead exposure.