Lease Agreement requirements in Mississippi
- Both landlord and tenant must sign the lease; a witness is not required by state law but recommended for proof of execution.
- The lease should include the names of all tenants, the property address, lease term (start/end dates), and rent amount and due date.
- Security deposit details: amount, conditions for return, and any non-refundable fees (must be clearly stated).
- Specify tenant obligations (e.g., maintaining premises, no illegal activity) and landlord obligations (e.g., repairs, habitability).
- Include provisions for late rent, grace period (if any), and consequences of breach (e.g., eviction).
- A written lease is required for leases longer than one year; for shorter terms, oral agreements are enforceable but not recommended.
How to create a Lease Agreement in Mississippi
- Screen tenants thoroughly: check credit, criminal history, and rental references, following fair housing laws.
- Choose a lease type (fixed-term or month-to-month) and obtain a template that complies with Mississippi law.
- Fill in all details accurately, including any rules on pets, subletting, and utilities.
- Both parties should review the lease carefully and sign; if desired, get it notarized to add legal weight.
- Provide signed copies to both landlord and tenant; retain the original for records.
- Conduct a move-in inspection with a checklist to document the condition of the property.
What a Lease Agreement typically costs
The state filing fee for recording a lease is typically around $25 to $30, depending on the county, but recording is not mandatory for residential leases. Attorney fees for drafting a custom lease can range from $200 to $500, or you can use online templates for as low as $20. Ensure any fees are clearly stated in the lease.
Download our Mississippi lease agreement template to get started today.
Create your lease agreementMississippi Lease Agreement: Before You Begin
Prepare these essentials before drafting your Mississippi lease to ensure legal compliance and avoid common disputes.
- Verify the property address and legal description for accuracy in the lease.
- Gather each tenant's full legal name, contact info, and rental history.
- Decide on lease term (fixed or month-to-month) and confirm rent amount and due date.
- Know Mississippi's security deposit rules (no statutory limit, but return within 45 days).
- Prepare disclosure forms: lead-based paint (pre-1978) and any local required disclosures.
- Consider having the lease notarized for credibility, though not required by state law.
Frequently asked questions
Is a notary required for a lease in Mississippi?
Not required for a valid lease, but notarization is recommended because it makes the document self-authenticating in court, providing extra proof of signatures.
Can I use a verbal lease for a rental property in Mississippi?
Yes, for leases of one year or less, oral agreements are legally binding. However, a written lease is strongly advised for clarity and enforceability.
What is the maximum security deposit a landlord can charge in Mississippi?
Mississippi does not cap security deposits, but the landlord must return it within 45 days after the lease ends, deducting only for damages beyond normal wear and tear.
Do I need to record my lease with the county?
Recording is optional for residential leases. It is typically done for long-term leases (over 3 years) to give public notice of the lease, protecting the tenant's rights in case of property sale.