How to become a landlord in Mississippi

The Act requires no particular disclosure in a lease. Other Mississippi statutes and federal rules, such as the lead-based paint disclosure for older housing, were not read for this page (Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45; Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39; Miss. Code Ann. §§ 89-8-3, 89-8-7; Miss. Code Ann. § 89-8-29; Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)).

The Act does not require you to disclose the owner's or manager's name and address. Notice given to your agent counts as notice to you, and you may contract with an agent to take on your rights and duties under the Act, though you remain ultimately liable for them (Miss. Code Ann. § 89-8-7(2)).

The Act requires no flood disclosure to a tenant (Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45; Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39; Miss. Code Ann. §§ 89-8-3, 89-8-7; Miss. Code Ann. § 89-8-29; Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)).

The Act has no smoke alarm section. It does require you to comply with building and housing codes that materially affect health and safety, and it defines those codes to include any law, ordinance or governmental regulation on fitness for habitation; state and local fire and building codes were not read for this page (Miss. Code Ann. § 89-8-23(1)(a) (reprinted in 2024 HB 1580, not enacted); Miss. Code Ann. § 89-8-7(1)(a)).

The Act sets no lock, rekey or security device requirement (Miss. Code Ann. §§ 89-8-9 to 89-8-19, 89-8-33, 89-8-37, 89-8-41 to 89-8-45; Miss. Code Ann. §§ 89-8-3, 89-8-31, 89-8-35, 89-8-39; Miss. Code Ann. §§ 89-8-3, 89-8-7; Miss. Code Ann. § 89-8-29; Miss. Code Ann. §§ 89-8-1, 89-8-5, 89-8-21 to 89-8-27 (reprinted in 2024 HB 1580, not enacted)).

Mississippi's Residential Landlord and Tenant Act sets no maximum security deposit. Its deposit section covers any payment whose main purpose is to secure the tenant's performance of the rental agreement, and it controls how that money is held, charged and returned, not how much it may be. Only the Act was read for this point (Miss. Code Ann. § 89-8-21 (reprinted in 2024 HB 1580, not enacted)).

• A payment made to secure the execution of a rental agreement, including an advance payment of rent, is outside the deposit section's rules (Miss. Code Ann. § 89-8-21(1) (reprinted in 2024 HB 1580, not enacted)).See Application and screening fees on the Mississippi page

The landlord holds the deposit for the tenant, and the tenant's claim to it comes ahead of the claim of any of the landlord's creditors. The Act does not require a separate or interest-bearing account and does not require interest to be paid (Miss. Code Ann. § 89-8-21(2) (reprinted in 2024 HB 1580, not enacted)).

The Act requires no move-in inspection, checklist or condition report. Its repair duty is measured against the start of the lease: you keep the unit and its plumbing, heating and cooling in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, so a dated record of the move-in condition is useful evidence (Miss. Code Ann. § 89-8-23(1)(b) (reprinted in 2024 HB 1580, not enacted)).

The Act does not regulate application or screening fees. A payment made to secure the execution of a rental agreement, such as a holding payment or an advance payment of rent, falls outside the Act's deposit rules (Miss. Code Ann. § 89-8-21(1) (reprinted in 2024 HB 1580, not enacted)).

• Application criteria and advertising must respect the federal fair-housing protections that cover the property. A fee rule does not resolve discrimination or a disability-accommodation request; review the fair-housing section before applying screening criteria (42 U.S.C. 3603 and 3604).See Fair housing on the Mississippi page