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A Mississippi residential lease agreement is a legal contract between a landlord and a tenant for the rental of a property. The most common duration for such agreements is one year.

Mississippi Residential Lease Agreement

Required Disclosures

  1. Lead-Based Paint Disclosure:
    • Required for properties built before 1978.
    • Must include:
      • A lead-based paint disclosure form.
      • An Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint.
      • Any additional records or reports regarding the presence or hazards of lead-based paint in the unit.

Security Deposit Laws

  • Maximum Amount: There is no limit on the amount a landlord can charge for a security deposit.
  • Returning: The security deposit must be returned within 45 days after the end of the tenancy. If any deductions are made, the landlord must provide an itemized list detailing the reasons for the deductions.

Rent Payment Laws

  • Grace Period: There is no mandatory grace period for late rent payments.
  • Maximum Late Fee: There is no cap on late fees, but they must be reasonable and specified in the lease agreement.
  • NSF Fee: A landlord may charge up to $40 for a bounced check.

Additional Lease Agreement Information

  • Contract Binding: A contract to lease is legally binding in Mississippi, provided it is signed by all parties. Written agreements are preferred, especially for leases longer than one year.
  • Notarization: Lease agreements do not need to be notarized to be valid.
  • Automatic Renewal: Leases can automatically renew, typically transitioning to a month-to-month rental agreement after the initial term.

Optional Disclosures and Addenda

While not required by law, the following disclosures and addenda are recommended to assist with tenant management and limit landlord liability:

  • Asbestos: Information about any asbestos hazards.
  • Bed Bugs: Disclosure of any history of bed bug infestations.
  • Landlord’s Name and Address: For communication purposes.
  • Late/Returned Check Fees: Specification of any fees related to late payments or returned checks.
  • Medical Marijuana Use: Policy regarding medical marijuana on the property.
  • Mold Disclosure: Information about mold contamination and remediation efforts.
  • Move-In Checklist: Inventory of existing property damage at move-in.
  • Non-Refundable Fees: Disclosure of any non-refundable fees.
  • Shared Utilities Arrangements: Information on how shared utility charges are billed.
  • Smoking: Designation of smoking areas.

Consequences of Not Including Mandatory Disclosures

Failure to provide required disclosures, such as the lead-based paint disclosure, can result in legal consequences, including fines and unenforceability of lease provisions.

FAQs

A Mississippi residential lease agreement is a legal contract between a landlord and a tenant that outlines the terms of renting a property. It typically specifies the rental duration, payment terms, and responsibilities of both parties.

In Mississippi, landlords must provide a lead-based paint disclosure if the property was built before 1978. This includes a lead-based paint disclosure form and an EPA pamphlet about the dangers of lead-based paint.

Mississippi has no maximum limit on security deposits, and landlords must return the deposit within 45 days after the tenancy ends. If any deductions are made, landlords must provide an itemized list of the amounts withheld.

Mississippi law does not impose a cap on late fees for rent payments. However, any late fees charged must be reasonable and specified in the lease agreement.

Yes, a lease can automatically renew in Mississippi. Typically, after the initial term, it converts to a month-to-month rental agreement unless otherwise specified.

No, lease agreements in Mississippi do not need to be notarized to be valid. A lease is legally binding once it is signed by both parties.

If a landlord fails to provide required disclosures, they may face legal consequences, including fines or the inability to enforce certain lease provisions. For example, failing to disclose lead-based paint hazards can result in significant penalties.

Common types of lease agreements in Mississippi include standard residential leases, month-to-month rental agreements, rent-to-own agreements, and commercial leases. Each type serves different rental situations and property uses.