What a Landlord Cannot Do in Mississippi: Key Regulations

Renting a dwelling unit in Mississippi involves specific rights and responsibilities for both landlords and tenants. These are governed by the Mississippi Residential Landlord and Tenant Act, which sets state-mandated requirements to ensure fair treatment and legal compliance. This Act applies exclusively to residential leases and does not cover condominiums, agricultural land, or cooperatives.

Landlords must adhere to legal guidelines when managing rental properties, including lease agreements, security deposits, and rent payment policies. At the same time, tenants should understand what a landlord cannot do in Mississippi to protect themselves from unlawful practices.

Whether you’re dealing with lease termination, rent control laws, or landlord retaliation, knowing your rights can help you navigate rental agreements with confidence.

What a Landlord Cannot Do in Mississippi?

Mississippi’s landlord-tenant law sets clear guidelines on what landlords and property owners can and cannot do. Understanding these legal boundaries is essential for maintaining a fair and compliant rental relationship.

From lease agreements to property management, landlords must adhere to both state rental laws and federal fair housing regulations. This includes rules on lease termination, rent increases, and security deposit handling.

To start, let’s look at key restrictions, beginning with protections for active-duty service members under the Servicemembers Civil Relief Act (SCRA).

#1: A Landlord Cannot Evict an Active-Duty Service Member

Federal law provides special protections for military personnel under the Servicemembers Civil Relief Act (SCRA), which applies to Mississippi landlords as well. This law is designed to shield active-duty service members from legal and financial burdens, allowing them to focus on their military duties.

Under the SCRA, landlords cannot evict an active-duty servicemember or their dependents from a rental unit without first obtaining a court order, provided the monthly rent is below a federally adjusted threshold. This protection applies even if the tenant signed the rental agreement before entering military service.

Any landlord who attempts to evict a servicemember without verifying their military status and securing a court order may face legal consequences, including fines or imprisonment. The law is strict on landlord retaliation and ensures tenant protections for those in active service.

Before starting the eviction process, Mississippi landlords should first check whether the tenant is on active duty. The Servicemembers Civil Relief Act (SCRA) provides legal protections for military personnel, and evicting someone covered under this law without following the proper steps can lead to serious legal trouble.

To avoid any issues, landlords can use a military verification service like SCRACVS. This ensures they’re complying with SCRA regulations and making informed decisions while staying within the boundaries of Mississippi’s rental laws.

#2: A Landlord Must Not Enter a Rental Property Without Prior Notice

Mississippi landlords cannot enter a rental property without first giving tenants reasonable notice, except in emergencies.

While state law doesn’t specify an exact timeframe, 24 to 48 hours is generally accepted as fair notice. This requirement protects tenants’ right to privacy and ensures landlords comply with the terms outlined in the rental agreement.

Most written lease agreements include details on when and why a landlord may enter the dwelling unit—whether for property maintenance, inspections, or necessary repairs. However, if a landlord fails to provide proper written notice or enters frequently without consent, tenants may feel their rights are being violated.

In such cases, sending a formal written complaint to the landlord is the first step. If the issue continues, tenants may need to file a legal complaint for further action.

There are exceptions where immediate entry is permitted, such as fire, flooding, or other health and safety risks. In such emergencies, landlords are allowed to enter without prior notice to prevent damage or ensure safety.

#3: Conducting Unlawful or Self-Help Evictions Is Not Permitted

Landlords in Mississippi cannot evict tenants without following proper legal procedures. Taking matters into their own hands—such as physically removing a tenant or their belongings—is considered a self-help eviction, which is illegal under Mississippi landlord-tenant law.

What Is a Self-Help Eviction?

A self-help eviction occurs when a landlord attempts to force a tenant out without a court order. This includes:

• Changing locks to prevent tenant access.
• Shutting off utilities like water, gas, or electricity.
• Removing tenant belongings from the rental property.

Mississippi law does not permit self-help evictions unless explicitly stated in a written lease agreement and conducted without breaching the peace—a rare exception. Instead, landlords must adhere to legal eviction procedures outlined in Mississippi Code § 89-8-19, which governs lease termination and eviction processes.

Legal Eviction Process in Mississippi

To evict a tenant lawfully, landlords must:

1. Provide proper written notice, such as for unpaid rent, lease violations, or lease term expiration.
2. File for formal eviction through the court system if the tenant refuses to vacate.
3. Obtain a court order before proceeding with the eviction process.

A Mississippi tenant who experiences an unlawful eviction may have legal grounds to sue for damages. Courts may award compensation for emotional distress, relocation costs, and potential penalties against the landlord.

#4: A Landlord Must Provide Adequate Notice Before Implementing Rent Increases

In Mississippi, landlords have the right to increase rent, but they must follow proper notice requirements depending on the type of lease.

Mississippi landlord-tenant law does not impose rent control laws, meaning there are no legal limits on how much a landlord can raise rent. However, tenants must receive advance notice before any rent adjustments take effect.

For month-to-month leases, landlords must provide at least 30 days’ written notice before implementing a rent increase. Week-to-week leases require a 7-day written notice before changes take effect.

However, for fixed-term leases, landlords cannot increase rent during the lease term. The rent remains locked in until the lease expires, and any increase can only apply when a new lease agreement is signed.

Mississippi does not have rent freezes or temporary restrictions on raising rent, even during emergencies. The decision to increase rent is solely at the landlord’s discretion, provided they comply with the written notice requirements.

#5: Discrimination Is Strictly Prohibited in Mississippi

Landlords in Mississippi must comply with the Federal Fair Housing Act, which prohibits discrimination against tenants based on race, color, national origin, religion, sex, familial status, or disability. These protections apply to all aspects of the landlord-tenant relationship, including advertising, lease agreements, rent pricing, and eviction decisions.

In addition to federal protections, some local ordinances provide additional safeguards against source-of-income discrimination, preventing landlords from refusing to rent to tenants who rely on housing vouchers, disability benefits, or other lawful income sources. While Mississippi landlord-tenant law does not explicitly outline these protections, certain cities may enforce local fair housing policies.

Discriminatory practices can take many forms. A landlord cannot refuse to rent to a family with children, deny housing to a tenant with a disability, impose stricter lease terms on specific groups, or provide unequal access to rental properties.

Even indirect actions, such as failing to make reasonable accommodations for disabled tenants or applying inconsistent rental standards, may violate fair housing laws.

Tenants who experience housing discrimination have the right to file a formal complaint with the U.S. Department of Housing and Urban Development (HUD) or the Mississippi Fair Housing Center.

Remedies for violations may include compensation for damages, penalties against the landlord, and court-ordered corrective actions. To report discrimination, tenants can contact HUD at 1-800-669-9777 (voice) or 1-800-543-8294 (TDD).

#6: A Landlord Is Required to Maintain the Property in a Safe, Habitable Condition

Mississippi law requires landlords to ensure that rental units remain safe and livable for tenants. Under Miss. Code § 89-8-23, landlords must comply with building and housing codes related to health and safety, maintain essential systems, and address necessary repairs within a reasonable timeframe.

Landlords are responsible for keeping plumbing, heating, cooling, and structural components in working order. If a tenant reports a maintenance issue that was not caused by tenant negligence, the landlord must make the necessary repairs.

In most cases, landlords have about 30 days to address non-urgent repairs after receiving proper written notice. However, repairs involving immediate threats to health and safety, such as broken locks, gas leaks, or severe water damage, must be handled without delay.

While tenants cannot withhold rent payments if a landlord fails to complete repairs, they do have legal options. If a landlord ignores repair requests, tenants may have the right to arrange for the repairs themselves and deduct the cost from their rent, provided they follow the proper procedures. However, this should only be done after giving the landlord adequate notice and time to respond.

#7: Retaliatory Actions Against Tenants Are Not Allowed

Mississippi law strictly prohibits landlords from retaliating against tenants who exercise their legal rights. Retaliation occurs when a landlord takes adverse action—such as raising rent, refusing to renew a lease, or threatening eviction—in response to a tenant reporting housing code violations, requesting necessary repairs, or participating in a tenant’s organization.

Under Mississippi Code §§ 89-8-9 and 89-8-17, landlords cannot engage in retaliatory actions within six months of a tenant filing a complaint or asserting their rights under Mississippi’s rental laws.

If a landlord fails to comply with building and housing codes or other legal obligations, tenants have the right to report violations without fear of eviction or lease termination.

Tenants who suspect retaliation must provide evidence of the landlord’s actions. This may include documentation of complaints, repair requests, lease terms, and any sudden rent increases or eviction notices following their complaint.

If a tenant can prove retaliation, they may seek damages in small claims court. Mississippi law allows tenants to recover a civil penalty of one month’s rent plus $200, along with court costs and reasonable attorney’s fees.

#8: Failure to Return Security Deposits in a Timely Manner May Result in Legal Consequences

In Mississippi, landlords must follow strict rules when handling security deposits. The maximum security deposit a landlord can charge is one to two month’s rent, and tenants have the right to receive their deposit back unless valid deductions apply.

Under Mississippi landlord-tenant law, landlords must return a tenant’s security deposit within 45 days of lease termination. If deductions are made, the landlord must provide an itemized list explaining the charges.

Acceptable deductions include unpaid rent, damages beyond reasonable wear and tear, and cleaning costs necessary to restore the rental unit to substantially the same condition as when the lease began. However, landlords cannot withhold deposits for minor issues resulting from reasonable wear over time.

Landlord who fails to return the deposit within the required timeframe or makes improper deductions can face legal action. Mississippi law allows tenants to sue for up to three times the amount withheld plus attorney fees. This ensures that Mississippi tenants are protected from unfair financial losses due to landlord claims that are not justified.

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

Mississippi tenants have the right to peaceful enjoyment of their rental property, meaning landlords cannot interfere with their ability to live undisturbed. This protection includes freedom from harassment, excessive entry demands, and coercive tactics aimed at forcing a tenant to vacate.

Interference can take many forms. A landlord cannot shut off essential utilities such as water, electricity, or gas to pressure a tenant into leaving. Other unlawful actions include changing locks without notice, making constant unannounced visits, or using threats to force an early lease termination. These tactics violate Mississippi’s landlord-tenant law and may constitute landlord retaliation.

Tenants facing such violations have legal options. The first step is to provide the landlord with a written notice outlining the issue and requesting corrective action. If the landlord fails to comply, tenants may file a complaint with local housing authorities or pursue legal action in small claims court.

In cases of severe harassment or intimidation, tenants may seek court-ordered protections and financial damages for the landlord’s misconduct.

#10: Compliance With Lead-Based Paint Disclosure Laws Is Mandatory

Under the Residential Lead-Based Paint Hazard Reduction Act, landlords renting out properties built before 1978 must comply with federal lead-based paint disclosure laws. These regulations are designed to protect tenants—especially children and pregnant women—from the health risks associated with lead exposure.

Before a lease agreement is signed, landlords must provide tenants with any known information about lead-based paint hazards in the rental property. Additionally, they are required to distribute an EPA-approved pamphlet titled Protect Your Family from Lead in Your Home, which educates tenants on potential dangers and safety precautions.

Every written lease agreement for applicable properties must also contain a Lead Warning Statement confirming that the landlord has complied with lead disclosure laws. This statement informs tenants that the property may contain lead-based paint, highlights the associated health risks, and ensures full legal compliance under federal regulations.

Conclusion

Understanding tenant rights and landlord responsibilities is essential for maintaining a fair and lawful landlord-tenant relationship in Mississippi. Tenants are protected from unlawful evictions, retaliatory actions, and housing discrimination, while landlords must comply with rental property maintenance laws, security deposit regulations, and lead-based paint disclosures.

Mississippi law also ensures tenants receive adequate notice for rent increases and protects them from self-help evictions or unwarranted entry into their homes.

Tenants should carefully review their lease agreements and be aware of their rights under Mississippi’s rental laws. If a landlord violates these protections, tenants can seek legal remedies, including filing complaints or pursuing legal action. Staying informed empowers tenants to assert their rights and ensures landlords remain compliant with Mississippi landlord-tenant laws.

Before filing an eviction case, landlords should verify a tenant’s military status to ensure compliance with the Servicemembers Civil Relief Act (SCRA). Using a military verification service like SCRACVS helps landlords avoid legal penalties while respecting the rights of those serving in the military.

FAQs

What are renters’ rights in Mississippi?

Renters in Mississippi have the right to habitable housing, privacy, and proper notice for eviction or rent increases. Landlords must follow lease agreements, return security deposits on time, and comply with fair housing laws to prevent discrimination.

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

For month-to-month leases, landlords are required to provide 30 days’ written notice. For week-to-week leases, a 7-day notice is needed. Fixed-term leases do not need notice unless stated otherwise in the lease agreement.

What is considered landlord harassment in Mississippi?

Mississippi law protects tenants from harassment, including unlawful entry, utility shutoffs, threats, or retaliatory eviction attempts after a tenant files a complaint.

Can a landlord evict you without a court order in Mississippi?

No. Self-help evictions—such as changing locks or removing belongings—are illegal. Landlords must provide proper written notice and obtain a court order before evicting a tenant.