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A Mississippi lease agreement is a legal document that regulates the relationship between the landlord (lessor) and the tenant (lessee). It defines their rights and duties, the duration of their commitment, and other details important to their contractual relationship.
The tenant would usually submit the application form to the landlord before they started the lease agreement drafting process. An application form will have all the relevant information about the tenant and supporting documents such as credit and background reports.
After reviewing the prospective tenant’s application form and ensuring everything is in order, the landlord will start the negotiation and drafting of the lease agreement. The landlord and the tenant will then determine all the important details of their lease agreement.
Keep reading this article to learn what important details you need to include in your lease agreement.
Mississippi Lease Agreement Required Disclosures
If you are a landlord or a tenant involved in a lease agreement for property in the state of Mississippi, you need to make sure that it includes the following mandatory disclosures:
Mandatory Disclosure
The lead-based paint disclosure is the only disclosure you need to include in your lease agreement for the property in Mississippi.
As provided by federal law, every leased unit built before 1978 must include this disclosure in the lease agreement. This disclosure contains information about any lead-based paint present in the property's construction. (42 U.S. Code § 4852d)
Besides the mandatory disclosures provided by federal law, the state of Mississippi doesn’t provide any mandatory disclosures that must be included in the lease agreement.
Mississippi Lease Agreement Optional Disclosures
Besides the mandatory disclosures, you should also consider including a few additional disclosures that will protect the rights and interests of all the contractual parties. Below you can find the most commonly used optional disclosures:
Optional Disclosures
Asbestos disclosure. Although not mandatory, this disclosure should be included for any property built before 1981 or with a known presence of asbestos. The landlord shall provide guidelines to the tenant on how to use the property without disturbing the asbestos fibers.
Mold disclosure. If there is any history of mold presence at the leased property, this disclosure shall also be included in the lease agreement. The landlord needs to inform the tenant about the mold status at the property and ways of treating the mold.
Late or non-refundable fee disclosure. The lease agreement shall disclose any such fee that the landlord intends to charge the tenant. Otherwise, the tenant could get a full refund for such undisclosed fees.
Consequences of Non-Disclosure
Considering that most disclosures address the health and safety risks at the property, the landlord can face legal liability for any damages the tenant has suffered due to the non-disclosure of such hazards.
If the landlord fails to include a lead-based paint disclosure in the lease agreement, they can be penalized up to $19,507, according to 24 CFR § 30.65.
Mississippi Lease Agreement Security Deposits
Security Deposit Maximum
The maximum security deposit that can be charged to a tenant is not determined in the state of Mississippi. Therefore, the landlord and the tenant must determine a reasonable security deposit when drafting the lease agreement.
Security Deposit Return
The landlord must return the security deposit or any remaining amount within 45 days after the tenancy termination. (§ 89-8-21)
If any deductions are made from the deposit, the landlord must also provide an itemized list of deductions within the same 45-day deadline.
The landlord can be fined up to $200 in addition to any actual damages for not returning the security deposit within the provided deadline.
When is Rent Due in Mississippi? (Grace Period)
The Mississippi statutes don’t provide the due date for the rent payment. Therefore, the due date for the rent payment will be determined by the landlord and the tenant in the lease agreement.
No grace period for the rent payment is provided by Mississippi state law. That means the landlord can charge the late fees as soon as the rent is due.
Mississippi Rent Late Fees
No maximum limit is set for the late fees in Mississippi. However, if the landlord wishes to charge any fees for the late rent payment, they must disclose such fees in the lease agreement.
Mississippi NSF Checks
If the tenant uses the worthless check to pay for the rent, the landlord can request compensation through the court. (§ 97-19-57)
The compensation will include:
Compensation for NSF Checks
An amount equal to the check value
Bank processing fees
Up to $40 for the service charge
Mississippi Landlord’s Right to Enter
The state of Mississippi doesn’t require the landlord to issue a notice to the tenant before entering the leased unit. In practice, the landlord and tenant define that the landlord must issue a notice to the tenant at least 24 hours before visiting the property. They also define the reasonable time for landlord visits in the lease agreement.
Mississippi Lease Agreement FAQ
Yes, the Mississippi lease agreement is a legally binding document.
The lease agreement made in written form is binding from the moment both parties sign it. If one clause is deemed illegal or prohibited by federal or state law, it will not affect the other clauses in the lease agreement or the lease agreement as a whole.
When drafting the Mississippi lease agreement, you should follow the structure below:
Names and addresses of the contractual parties
Information and details about the leased property
Duration of the tenancy
Rent amount, due date, and late fees (if applicable)
Amount of the security deposit
Lead-based paint disclosure
Other disclosures provided by contractual parties (optional)
House rules
Rules for the lease agreement termination
Date and place of the lease agreement signing
Signature section
The best way to get a Mississippi lease agreement that is in line with all the federal and Mississippi state laws and regulations is to download one of the lease agreement templates available on our website.
After you make your Mississippi lease agreement, make sure you do an inspection of the leased property.
This way, you ensure that none of the furnishings or appliances at the property need repair or cleaning before the tenancy starts.
After the inspection is over, the landlord and the tenant sign the move-in form, the tenant pays the deposit and the first month’s rent, and the landlord gives the keys to the property to the tenant.