As your landlord expenses increase over time, you should adjust your tenant’s rent payment amount, too. Raising your unit’s monthly rate is a practical (and in most cases, essential) part of leasing properties in the Southeast. However, you still need to follow Mississippi rent increase laws.
While Mississippi isn’t a rent-controlled state, and it offers landlords many freedoms, legal protocols still govern notice periods and delivery methods. In this helpful guide, we’ll share best practices for increasing rent — including using our free rent increase letter template. Let’s get started.
Is there a rent increase limit in Mississippi?
The Magnolia State law doesn’t regulate rent increases or allow local governments to enforce their own rules without approval. Here’s a closer look at Mississippi rent increase laws:
Statewide caps: Because there’s no specific limit, top landlords refer to the area’s market rate. The market rate helps you determine a fair and reasonable monthly price considering the property’s size, features, and local demand.
Local rent control ordinances: In Mississippi, local governments can’t regulate the amount landlords charge tenants without the state’s approval (Miss. Code § 21-17-5). In effect, a county or city must submit its rent control policy to the state government for approval before enforcing it.
Exceptions: State law doesn’t exempt certain property types, such as new construction units, from federal or subsidized housing programs.
Rent Increase Notice Period
While Mississippi allows landlords and tenants to agree on their own rate adjustments, property owners must follow certain protocols. State law doesn’t specify notice requirements for rent increases, so landlords typically follow the rules for terminating a rental agreement.
However, the law varies depending on the type of lease agreement you use. Here’s how it works:
- Month-to-month lease: Give tenants 30 days’ notice before increasing the unit’s monthly rent under a month-to-month agreement (Miss. Code § 89-8-19).
- Week-to-week lease: Provide 7 days’ notice for leases that renew every week (Miss. Code § 89-8-19).
- Fixed-term lease: We recommend giving your tenants at least 30 days’ written notice. State law doesn’t require it, but it’s a great way to keep tenants informed and practice transparency.
Remember, you must wait until a lease ends to adjust the rent. You can only alter the terms of your agreement mid-tenancy if your rental contract specifically allows it.
Pro Tip: If you have a room rental agreement, follow Mississippi’s notice requirements based on the length of your lease. If you have a tenancy-at-will agreement, give 30 days’ notice. And if you have a week-to-week agreement, provide 7 days’ notice (Miss. Code § 89-8-19).
How to Deliver a Rent Increase Notice in Mississippi
Some states require landlords to use specific delivery methods for official notices, but Mississippi doesn’t. Here’s how the best in the business notify tenants about rent increases:
- Deliver the letter to the tenant.
- Post the notice on the front door of the rental property.
- Send the letter using Certified Mail.
- Use landlord software to send the notice electronically.
Always outline your delivery method in your lease agreement — especially if you’re sending the letter digitally. Both parties must agree in writing for the process to be legally binding. Plus, it informs tenants to check their tenant app or inbox for important messages.
If you send the notice via Certified Mail, wait 3 days before initiating the notice period to account for delivery times. Otherwise, you can start the clock immediately.
Understanding Illegal Rent Increase and Retaliation
Increasing rent is generally straightforward, but don’t take unnecessary risks. If you alter your prices to punish tenants or discriminate against them, a tenant can raise a dispute against you. Follow these guidelines to avoid conflict and protect your investment.
Retaliation: State law prohibits you from increasing a tenant’s rent to punish them for taking protected legal actions, such as:
- Complaining to government agencies about serious housing code violations.
- Bringing up health and safety issues with the landlord.
- Participating in a tenant organization (Miss. Code § 89-8-17).
Err on the side of caution and avoid raising rent within 6 months of tenants taking the above actions.
Discrimination: Federal law protects tenants against discriminatory rent increases. The Fair Housing Act (FHA) prohibits landlords from offering unfair rental terms based on the following legally-protected characteristics:
- Race
- Sex
- Familial status
- Color
- National origin
- Religion
- Disability (Fair Housing Act)
Always be fair and consistent across all of your tenants.
Key Takeaways: Here’s a rapid-fire list of best practices to reduce legal risks when raising a tenant’s rent:
- Avoid all forms of retaliation.
- Don’t discriminate against tenants and keep the Fair Housing Act in mind.
- Always give your tenants proper notice.
- Never attempt a mid-tenancy rent increase unless your lease specifically allows it.
These quick tips allow you to keep your business profitable while complying with all Mississippi rent increase laws and federal guidelines.
How to Write a Mississippi-Compliant Rent Increase Letter
Whether you’re landlording in Oxford, Tupelo, or Jackson, your rent increase letter must include the following:
- Property address and unit number
- Tenant names
- The increase’s exact dollar amount
- New total rent amount
- Start date for the new price
- Instructions for tenants to accept or deny
Save time and reduce admin paperwork by using a standardized template. Top landlords in Mississippi use TurboTenant’s free rent increase letter template to streamline their notice workflow.
Managing the Rent Increase Process with Tenants
Lastly, tenants must decide whether they stay in their unit or move out. Here’s what to do based on the tenant’s response:
- Accept: If a tenant says yes, continue the renewal process by creating the new lease. Wait until the new rate’s start date to begin charging the increased price. Mississippi law doesn’t require you to give tenants a grace period, but you can offer one if you choose to.
- Decline: After a tenant says no, they must vacate the property upon the tenancy’s end. Get ready to re-list the unit and find your next tenant as quickly as possible.
- Negotiate: When great tenants ask you to budge on your proposal, consider being flexible — but only if they’re a great, responsible tenant. Negotiate by offering a longer lease term or delaying the increase’s effective date.
Raising your unit’s monthly price doesn’t have to make lease renewal tedious or time-consuming. Use this guide on Mississippi rent increase laws to work efficiently, mitigate risk, and make it easy for tenants, too.
Mississippi Rent Increase FAQs
How much can I raise rent in Mississippi?
As a landlord, you can increase rent by any reasonable amount if you do the following:
- Follow the state’s notice requirements.
- Comply with federal and Mississippi rent increase laws.
- Avoid all forms of landlord retaliation.
- Send a complete notice letter, if required.
Is there a maximum late fee in Mississippi?
Mississippi law doesn’t limit the amount you charge for late payment penalties.
Can I increase rent if the tenant is on a verbal agreement?
Yes, but you must provide 30 days’ written notice for month-to-month tenancies, and 7 days’ written notice for week-to-week agreements (Miss. Code § 89-8-19).