Mississippi Month-to-Month Lease Agreement

Legal Aspects of Month-to-Month Leases in Mississippi

In Mississippi, month-to-month leases are governed by the Mississippi Code Annotated (MCA), particularly Title 89, Chapter 7. These leases provide flexibility for both owners and tenants. Under Mississippi law, either party can terminate the lease with a 30-day notice. The Agreement requires the Tenant to use the property responsibly with timely payments. 

Lease Termination & Renewal

Termination

• Either party can terminate the lease with one (1) month’s notice.
• Mississippi law requires either party to deliver the notice in writing.
• Property owners can terminate for reasons like non-payment, lease violation, or property damage.
• Property owners cannot terminate with retaliation actions. 

Renewal

• Leases will continue month-to-month unless a party actively terminates the agreement.
• The current terms of the lease persist each month without the necessity of any formal renewal process.

Rent Increases

During the term of this Agreement, the Owner has the option to raise the Monthly Rent. However, such an increase must comply with the following conditions:

• The Owner is required to furnish the Tenant with a written notice. 
• Though not specified, the expected standard is at least 30 days before the proposed increase takes effect.

• The notice must explicitly specify the new Monthly Rent amount and the date on which it’ll become effective.

Security Deposit

• In Mississippi, the law doesn’t set a cap on the maximum amount a landlord can charge for a security deposit. However, a reasonable and fair amount is expected, usually one (1) to two (2) months’ rent in most states.
• The state doesn’t require the deposit to be kept in an interest-bearing account.
• The landlord is also not required to provide a receipt for the security deposit upon receiving it.
• When either party terminates the lease, and the tenant vacates the premises, the landlord has 45 days to return the security deposit. 
• If there are any deductions to be made, the landlord must provide the tenant with a written itemized list of these deductions.
• If the landlord fails to return the deposit within 45 days, a late fee of $200 plus any damages must be paid to the tenant.

Tenant Rights

• Property owners bear the legal responsibility of maintaining premises that meet safety and habitability standards, including functional plumbing, heating, and electrical systems.

• Mississippi Law unequivocally prohibits any form of discrimination against tenants based on protected characteristics. These protected characteristics include race, color, national origin, religion, sex, marital status, disability, family status, age, or lawful source of income.

• According to state law, the landlord has to perform repairs on the property if it affects the health and safety of the tenant. This must be done within 14 days of receiving a written notice from the tenant for the required repairs.

Required Disclosures in Mississippi

• Lead-Based Paint: Federal law necessitates disclosing potential lead-based paint hazards if the property was constructed before 1978.