Most Commonly Used Mississippi Lease Agreements
The most commonly used Mississippi lease agreements are the commercial lease agreement, a standard residential lease agreement, a month-to-month lease agreement, a lease to own agreement, a sublease agreement, and a roommate agreement.
While the most commonly used Mississippi lease agreements rely on the same general provisions, they also have some distinct differences. Here are a couple of examples.
- A roommate agreement is a type of residential lease. In addition to containing all of the clauses found in a residential lease, it also explains which areas in the rental are for the sole use of the roommate and which areas of the rental may be used by all of the occupants.
- A standard residential lease agreement is generally written for a fixed-term of one year. When the term ends, it may renew for another year or it may become a month-to-month agreement. However, a fixed-term lease may still be similar to a month-to-month agreement in many ways. The most common way is that both likely require a 30-day written notice to vacate the property at the end of the agreement if one of the parties decides they do not want to renew the agreement.
How to Write a Mississippi Lease Agreement
A Mississippi lease agreement must adhere to Mississippi landlord-tenant laws. If they fail to do so, they cannot be enforced. Additionally, there are other laws that must be considered. You’ll learn more about some of those under the sections related to disclosures and security deposits.
Remember that a lease is a legally binding contract. It is important to understand what you’re signing. Read the lease carefully or have it reviewed by an attorney before you sign.
A Mississippi lease agreement includes the following:
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Names of the Parties - The landlord's full name or the property management company's legal business name and the legal name of the tenant(s).
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Property Address - This is the full street address for the rental property, including the city, zip code, and, if there is one, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This is the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the unit. This area should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
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Occupants - The full name of each tenant must be listed even if they are a minor or are not signing the lease. This part of a Mississippi residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This explains which utilities or services a tenant does not pay.
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Parking - This informs the tenant if they will receive a parking space. If a parking space is reserved and if there is a designated spot, the spot should be listed in this section.
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Furnishings - This tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This documents the names of both the landlord or the property management company and tenant along with their mailing address. This contact information is used if the parties must send out a notice to the other party.
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Eviction - This informs the tenants of how eviction would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This documents any other terms that the parties agreed to that haven't been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a Mississippi Lease Agreement?
There are no specific disclosures required by state law for a Mississippi lease agreement except for a lead paint disclosure which is required by federal law for residential units built before 1978.
What You Need to Know About Mississippi Lease Agreement Deposits
The State of Mississippi does not limit the amount that a landlord may request as a security deposit. However, the landlord must return the security deposit within 45 of the end of the lease.
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