What a Landlord Cannot Do in Mississippi by Law

Renting a home in Mississippi should feel secure, not stressful. Whether you’re a tenant trying to understand your rights or a landlord managing a rental property, knowing the legal boundaries of your landlord-tenant relationship is essential.

Mississippi landlord-tenant law, alongside federal guidelines like the Federal Fair Housing Act, outlines what a landlord cannot do in Mississippi, protecting tenants from overreach and misconduct.

Mississippi’s rental laws were created to maintain fair treatment on both sides, especially when it comes to rent payment, lease agreements, and housing discrimination. When landlords ignore these rules, they risk steep penalties and legal trouble that could easily be avoided with proper awareness.

So, what are those legal lines landlords can’t cross? Stay with us, as some of the answers might surprise you.

Mississippi Landlord-Tenant Law

The foundation of the landlord tenant relationship in Mississippi is shaped by the Mississippi Residential Landlord and Tenant Act. This law applies to most rental agreements involving a dwelling unit that serves as a primary residence.

Whether you’re dealing with a fixed-term lease or a month-to-month rental, this Act outlines how both landlords and tenants should conduct themselves legally and fairly. It does not cover situations like agricultural land leases, cooperative housing, condominiums, or temporary lodging like hotels.

Under Mississippi law, both parties are expected to act in good faith when entering and following the terms of a rental agreement. That means sticking to the lease agreement, maintaining open communication, and fulfilling outlined obligations.

The Act also spells out clear protections. If a Mississippi landlord fails to maintain the rental property or violates fair housing laws, the tenant may be entitled to remedies such as lease termination or withholding rent payments under specific conditions. On the other hand, if a tenant’s default disrupts the lease term, the landlord can begin the proper eviction process after giving proper notice.

Some rental situations are not covered by this Act. Transient guests staying in hotels, students living in dormitories, and individuals in public or subsidized housing under other federal programs may fall outside the scope of Mississippi’s rental laws. These exceptions matter, especially for law firms or property management companies trying to assess compliance risks.

1. A Landlord Cannot Evict an Active Duty Service Member

Serving your country shouldn’t come at the cost of losing your home. That’s why federal law steps in when a Mississippi tenant is on active duty. The Servicemembers Civil Relief Act (SCRA) gives powerful protections to military personnel and their families, shielding them from certain legal actions, especially eviction for non-payment of rent.

If a service member or their dependent is unable to pay rent due to active duty, Mississippi landlords cannot evict them without securing a court order. Even then, the court can delay the eviction process for up to 90 days, recognizing that military service may impact a tenant’s ability to meet their rent payment obligations.

Trying to evict a protected tenant without following the SCRA? That’s not just risky, it’s illegal. Landlords who attempt or assist in such an eviction may face fines, criminal charges, or even jail time.

Still, this doesn’t give tenants a free pass. Lease violations such as property damage or illegal activity aren’t protected under this federal law and can be grounds for removal, as long as the proper eviction process is followed.

2. Security Deposits Must Be Returned on Time or Legal Consequences May Follow

Most people focus on the rent, but what happens to your deposit can matter just as much. In Mississippi, landlords are legally responsible for returning security deposits on time and with full transparency, or they risk legal consequences.

According to Mississippi landlord-tenant law, property owners can request up to one month’s rent or $500, whichever is greater, as a security deposit under a written lease. This money is not a bonus or a safety cushion for the landlord. It belongs to the tenant and must be handled with care throughout the landlord-tenant relationship.

Once the lease term ends, Mississippi landlords have 45 days to return the deposit along with an itemized list of deductions if anything is withheld. There is no requirement to pay interest on the deposit.

Valid deductions include unpaid rent, damage that goes beyond reasonable wear, or cleaning costs that restore the rental unit to the condition it was in when the tenant moved in. What landlords cannot do is charge for routine property maintenance or general repairs unrelated to tenant actions.

If the property is left in substantially the same condition as it was at the start of the lease, the tenant should receive a full refund.

If the landlord fails to return the deposit or does not provide proper written notice of deductions, the Mississippi tenant can take legal action. This may lead to the recovery of the deposit, court costs, and even reasonable attorney’s fees.

3. Discrimination Is Strictly Prohibited in Mississippi

A well-maintained rental property means very little if fairness is missing. In Mississippi, equal treatment is not optional. It is backed by law. Both state regulations and the Federal Fair Housing Act outline exactly what a landlord cannot do in Mississippi when it comes to discrimination.

Under these laws, Mississippi landlords are not allowed to treat tenants or applicants differently based on race, color, religion, sex, national origin, familial status, or disability. These protections apply at every step of the process. That includes listing the property, screening tenants, setting lease terms, and even how rules are enforced once someone moves into the dwelling unit.

Discrimination is not always loud or obvious. A landlord who charges higher rent to families with children or refuses to allow service animals for tenants with disabilities may still be violating the law. In some cities and counties, local ordinances may go even further by protecting tenants based on sexual orientation or source of income.

Violating fair housing laws is serious. Tenants can file complaints, and landlords may face lawsuits, financial penalties, or be investigated by federal agencies. The Mississippi Fair Housing Center and other advocacy groups often help enforce these protections when landlords cross the line.

To avoid legal and financial trouble, landlords must treat every person fairly. The rules are not just about paperwork. They shape how the landlord tenant relationship is built and maintained.

4. Retaliatory Actions Against Tenants Are Not Allowed

When a tenant speaks up, it should not come with consequences. Reporting unsafe conditions, requesting repairs, or joining a tenant group are all protected actions under Mississippi landlord-tenant law. These rights are there for a reason, and landlords must respect them.

Retaliation takes many forms. A landlord might try to increase rent, reduce essential services, or start the eviction process simply because a tenant reported code violations or stood up for their rights. These actions are not just discouraged under Mississippi law; they are prohibited.

Imagine a tenant files a complaint after discovering that their heating system violates building and housing codes. If the landlord suddenly demands a higher rent payment or refuses routine property maintenance, it could be seen as retaliation. In such cases, the tenant has the right to fight back.

Legal consequences can be serious. If a court finds the landlord acted in retaliation, the eviction case may be dismissed. Tenants can also seek damages, including the return of withheld rent payments and reasonable attorney’s fees. Those who suspect retaliation can file a complaint with state housing officials or take legal action to protect their rights.

5. Unlawful or Self-Help Evictions Are Strictly Prohibited

No matter how tense things get, landlords cannot take the law into their own hands. Locking a tenant out or cutting off their water because rent is overdue might seem like a shortcut, but in Mississippi, it’s a serious legal misstep.

Mississippi’s rental laws require landlords to follow a structured eviction process. That means giving proper written notice, filing with the court, and obtaining a legal order before a tenant can be removed from a rental unit. Without that court order, any attempt to force a tenant out is considered a self-help eviction, and it is strictly prohibited.

Examples of illegal actions include changing the locks, shutting off electricity or water, or taking a tenant’s belongings from the dwelling unit. These are not only violations of landlord tenant law, but they can also lead to lawsuits. Tenants who experience this type of unlawful behavior can sue for damages, and in many cases, landlords may be forced to pay court costs and reasonable attorney’s fees.

Only a law enforcement officer has the authority to carry out an eviction order in Mississippi. If a residential landlord tries to remove a tenant without this legal step, they are putting themselves at risk, financially and legally.

6. A Landlord Must Not Enter a Rental Property Without Proper Notice

Your home should feel like your own space, not a place where someone might walk in uninvited. Even if the lease is under a landlord’s name, tenants are still entitled to privacy and peace of mind while living in a rental unit.

Although Mississippi law does not set a specific timeframe for landlord entry, it is widely accepted that reasonable notice, typically 24 to 48 hours, is expected before stepping inside a tenant’s home. Emergencies are the only exception, where immediate entry may be necessary to protect the health and safety of those inside.

Entering without permission is more than just inconsiderate. It can violate the lease agreement, strain the landlord tenant relationship, and in some cases, be considered harassment. Repeated intrusions without consent may lead tenants to seek legal remedies, including possible lease termination or financial damages.

Landlords must remember that respecting tenant privacy is not a courtesy. It is part of their legal and ethical responsibility under Mississippi landlord-tenant law.

7. Adequate Notice Must Be Given Before Implementing Rent Increases

No tenant wants to open their mail and find a surprise rent hike with barely any time to prepare. Whether you are renting for a few weeks or several years, changes to the rent must follow clear rules under Mississippi landlord-tenant law.

For month-to-month leases, Mississippi landlords are required to give at least 30 days of proper written notice before raising the rent. If the rental agreement is on a week-to-week basis, then the notice period shortens to 7 days. For those with a fixed term lease, the rent cannot be increased during the lease term unless the lease agreement specifically allows for adjustments.

Every notice must be clear and complete. That means stating the current rent amount, the new rent payment amount, and the date when the change will take effect. If a landlord tries to demand more money without respecting the notice period, the tenant is not obligated to pay the higher amount until the full notice has passed.

Failing to follow this process may not only delay the rent increase but also damage trust within the landlord tenant relationship. To avoid lease violations and possible disputes, property owners must stick to the guidelines set by Mississippi’s rental laws and communicate all changes in writing.

8. A Landlord Must Maintain the Property in a Safe, Habitable Condition

A rental unit might look great during a showing, but if the plumbing fails or the roof leaks after move-in, appearances mean little. In Mississippi, keeping a property safe and livable is not a landlord’s choice, it is a legal obligation.

Under Mississippi Code Section 89-8-23, landlords must follow all building and housing codes that affect health and safety. This includes maintaining essential systems such as plumbing, heating, and cooling, along with making sure the structure itself remains sound. These responsibilities apply throughout the lease term, whether it is a fixed term lease or a month-to-month rental agreement.

If something breaks, the landlord must address repairs within a reasonable period of time, usually around 30 days after receiving written notice. Urgent issues like a gas leak or severe water damage must be handled immediately due to the threat they pose to a tenant’s well-being.

That said, tenants are not allowed to simply withhold rent payments if repairs are delayed. However, if a landlord fails to act after proper notice, the tenant may be able to pay for the repairs and subtract the cost from their next rent payment. This only applies if the damage was not caused by the tenant and if the repair is necessary to keep the unit habitable.

Following Mississippi landlord responsibilities protects both parties and keeps the landlord tenant relationship running smoothly. Ignoring maintenance requests can open the door to legal complaints, lease termination, or financial penalties.

9. A Landlord Must Not Interfere With a Tenant’s Legal Rights

Having a place to live is not just about paying rent. It is also about feeling safe, respected, and undisturbed. Mississippi tenants have legal rights that protect their ability to enjoy their homes without interference.

One of the most important rights is the peaceful enjoyment of the rental unit. This means landlords must allow tenants to live without unnecessary disruptions, harassment, or intimidation. Repeated visits without reasonable notice, aggressive behavior, or verbal threats can all violate this protection.

Some landlords may try to force a tenant out by cutting off utilities, removing personal belongings, or limiting access to parts of the dwelling unit. These tactics are illegal. They interfere with tenant rights and may break Mississippi landlord-tenant law.

If a tenant believes their rights have been violated, they can respond with a proper written notice and request that the behavior stop. If the interference continues, tenants have legal options. They may be able to file a complaint, pursue damages, or even end the lease through the court system. In serious cases, landlords may also be ordered to pay reasonable attorney’s fees.

10. Compliance With Lead-Based Paint Disclosure Laws Is Mandatory

Not every danger in a home is visible. In properties built before 1978, the real risk might be hiding in the walls. Lead-based paint, once a common material, is now recognized as a serious health hazard, especially for children and pregnant women.

Federal law requires Mississippi landlords to take this seriously. If you are renting out a dwelling unit constructed before 1978, you must give tenants an EPA-approved pamphlet about lead hazards before the lease is signed. This document explains the risks and what tenants can do to protect themselves.

Landlords are also required to disclose any known lead-based paint or hazards in the rental property and include a specific lead warning statement in the written lease agreement. These disclosures are not optional. Failing to provide them can lead to heavy fines, legal action, and even liability for any health problems caused by exposure.

Conclusion

Renting a home is more than just signing a lease. It is about understanding the rules that protect both landlords and tenants. Mississippi’s rental laws clearly outline what a landlord cannot do in Mississippi, from improper evictions to privacy violations and discrimination. Staying informed about these restrictions is the key to avoiding legal trouble, damaged relationships, and unnecessary expenses.

Whether you are managing multiple rental properties or renting your first apartment, knowing your rights and responsibilities under Mississippi landlord tenant law is essential. When in doubt, do not guess, consult a legal professional who can offer guidance based on your situation.

If you are a landlord, property manager, or legal professional needing to verify whether a tenant qualifies for military protections under the Servicemembers Civil Relief Act, make sure to use trusted services like SCRACVS. Accurate military verification can help you stay compliant and avoid serious penalties.

FAQs

What should I do if my landlord refuses to make repairs?

If your landlord fails to address repairs that affect health and safety, you should send a proper written notice describing the issue. Under Mississippi landlord-tenant law, landlords must maintain the rental unit in a habitable condition by following building and housing codes. If they do not respond within a reasonable timeframe, usually around 30 days, you may be allowed to deduct the cost of repairs from your rent payment or pursue legal remedies. However, you cannot withhold rent payments without legal grounds.

What protections do active-duty military tenants have?

Active-duty service members are protected under the Servicemembers Civil Relief Act (SCRA). Mississippi landlords cannot evict tenants who are on active duty for non-payment of rent. The court may postpone the eviction process for up to 90 days if military service affects the tenant’s default on unpaid rent. Attempting to evict without following this process can result in legal penalties. For secure military verification, landlords can use SCRACVS.

How much notice does a landlord have to give a tenant to move out in Mississippi?

In Mississippi, the amount of advance notice depends on the lease type. For month-to-month leases, Mississippi landlords must provide at least 30 days of written notice. For week-to-week leases, only 7 days are required. If a tenant is under a fixed term lease, the landlord must wait until the end of the lease term unless there are lease violations. All notices must comply with Mississippi’s rental laws and be given in writing.

What is considered landlord harassment in Mississippi?

Landlord harassment includes actions that interfere with a tenant’s legal rights or peaceful enjoyment of the dwelling unit. Examples include repeated entry without reasonable notice, threats, shutting off utilities, or trying to force the tenant to leave without going through the legal eviction process. These actions violate the landlord-tenant act and can lead to lawsuits, lease termination, and claims for damages or reasonable attorney’s fees. Tenants should document all incidents and may seek help through local housing authorities or legal support.