Renting in Mississippi
Your rights as a tenant in Mississippi
In Mississippi, the landlord has 45 days to return your deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Mississippi
- To return your deposit
- 45 days
- Miss. Code Ann. §89-8-21(3)
- Notice for late rent
- 3 days
- Miss. Code Ann. §89-8-13(5)(a)
- Month-to-month notice
- 30 days
- Miss. Code Ann. §89-8-19(3)
What the law says
The rules, one by one
The basic rules for renting in Mississippi, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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When must they return my deposit?
45 days
After your tenancy ends, you return the home and ask for your deposit, the landlord has up to 45 days to return what is left. If the landlord keeps part of it, the landlord must give you a written notice listing each amount claimed.
What the law says · Miss. Code Ann. §89-8-21(3)
“The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.”
Source: Mississippi Legislature – 2024 House Bill 1580 (brings forward the Residential Landlord and Tenant Act unchanged) · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
3 days
If you don't pay rent, the landlord can give you a written notice. It can also come by email or text message, but only if you agreed to that in writing. The notice says the rental agreement will end if you don't pay the rent within 3 days.
What the law says · Miss. Code Ann. §89-8-13(5)(a)
“the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days”
Source: Mississippi Legislature – 2022 Senate Bill 2461 (Laws 2022, ch. 501), as sent to the Governor · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
30 days
To end a month-to-month rental in Mississippi, the landlord or the tenant must give written notice at least 30 days before the termination date.
What the law says · Miss. Code Ann. §89-8-19(3)
“The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.”
Source: Mississippi Legislature – 2022 Senate Bill 2461 (Laws 2022, ch. 501), as sent to the Governor · Verified on October 24, 2026
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Are there limits on late fees?
Under Mississippi's landlord-tenant law, rent includes the late fees your rental agreement requires you to pay if you fall behind.
What the law says · Miss. Code Ann. §89-8-7(1)(k)
“"Rent" means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant.”
Source: Mississippi Legislature – 2025 House Bill 1200 (Laws 2025, ch. 474), as sent to the Governor · Verified on October 24, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Repair and deduct from the rent
Yes: state law says so
If you give the landlord written notice of a serious defect the landlord must fix, and it is not fixed within 30 days, you may repair it. The landlord must pay you back within 45 days after you hand in the receipts, if you met your duties as a tenant, the cost is not more than one month's rent, you did not use this right in the 6 months before, and you are current on rent.
What the law says · Miss. Code Ann. §89-8-15(1)
“(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant: (a) May repair the defect; and (b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that: (i) The tenant has fulfilled the obligations required under Section 89-8-25; (ii) The expenses incurred in making the repairs do not exceed an amount equal to one (1) month's rent; (iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and (iv) The tenant is current in rental payments.”
Eviction
How an eviction works in Mississippi
Step by step, with the time periods the law sets. No landlord can skip the court.
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3-day notice to pay rent
at least 3 days
What the law says · Miss. Code Ann. §89-8-13(5)(a)
“the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days”
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Landlord files the eviction complaint
What the law says · Miss. Code Ann. §89-8-33
“To commence an eviction under Section 89-8-31, the landlord shall file:”
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Service of the summons
What the law says · Miss. Code Ann. §89-8-35(1)
“Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof.”
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Hearing: appear before the judge
What the law says · Miss. Code Ann. §89-8-35(1)
“The summons shall command such person to immediately vacate the premises or to show cause before the judge, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant.”
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Postponement of the hearing (if requested)
up to 10 days
What the law says · Miss. Code Ann. §89-8-41(2)
“A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant.”
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Judgment
What the law says · Miss. Code Ann. §89-8-37(3)
“In eviction actions, judgments granted by the court shall be signed and executed on the same business day that the judgment is granted.”
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Appeal from justice court to circuit court
up to 30 days
What the law says · Miss. Code Ann. §89-8-43; Rules of Justice Court 27(a); Unif. Civ. R. Cir. & Cty. Ct. 5.04
“In all appeals, whether on the record or by trial de novo, the notice of appeal and payment of costs must be simultaneously filed and paid with the circuit court clerk within thirty (30) days of the entry of the order or judgment being appealed.”
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Time to move out after the judgment
7 days
What the law says · Miss. Code Ann. §89-8-39(1)
“If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances.”
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Landlord requests the warrant for removal
What the law says · Miss. Code Ann. §89-8-39(2)
“After the court-ordered move-out date, the landlord may request a warrant for removal.”
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Sheriff or constable executes the warrant
What the law says · Miss. Code Ann. §89-8-39(2)
“The warrant of removal shall not be considered executed by law enforcement posting the warrant of removal on the door of the premises. Law enforcement must remove all occupants from the premises and place the landlord into physical possession of the premises.”
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72 hours to remove your belongings
What the law says · Miss. Code Ann. §§89-8-35(2), 89-8-39(3)
“The landlord must grant you reasonable access to the premises during the seventy-two (72) hours following your removal to retrieve your personal property.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Rents and rental help in Mississippi- Mississippi Center for Legal Services (free civil legal aid, central and southern Mississippi)mscenterforlegalservices.org
- North Mississippi Rural Legal Services (free civil legal aid, northern Mississippi)nmrls.com
- Mississippi Free Legal Answers (free online civil legal questions)ms.freelegalanswers.org
- Mississippi Volunteer Lawyers Projectmvlp.org
- Recognized Organizations and Accredited Representatives Roster (EOIR, DOJ)justice.gov
Frequently asked questions
When must a deposit be returned in Mississippi?
After your tenancy ends, you return the home and ask for your deposit, the landlord has up to 45 days to return what is left. If the landlord keeps part of it, the landlord must give you a written notice listing each amount claimed. (Miss. Code Ann. §89-8-21(3))
What notice is required for late rent in Mississippi?
If you don't pay rent, the landlord can give you a written notice. It can also come by email or text message, but only if you agreed to that in writing. The notice says the rental agreement will end if you don't pay the rent within 3 days. (Miss. Code Ann. §89-8-13(5)(a))
How much notice ends a month-to-month rental in Mississippi?
To end a month-to-month rental in Mississippi, the landlord or the tenant must give written notice at least 30 days before the termination date. (Miss. Code Ann. §89-8-19(3))
Are there limits on late fees in Mississippi?
Under Mississippi's landlord-tenant law, rent includes the late fees your rental agreement requires you to pay if you fall behind. (Miss. Code Ann. §89-8-7(1)(k))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Mississippi rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much can they charge for a deposit? Not verified yet
- How much notice before a rent increase? Not verified yet
- Only a court order can remove you Not verified yet
- Protection from retaliation Not verified yet
- Protection related to immigration status Not verified yet