Late Rent Fee Limits in Mississippi
At a glance
| Governing law | Miss. Code §§ 89-8-3 and 89-8-7(1)(k)-(l) — Residential Landlord and Tenant Act scope and definitions; no late-fee-specific cap section |
|---|---|
| Maximum late fee | No dollar, percentage, or statutory reasonableness cap stated; § 89-8-7(1)(k) recognizes a fee required under the rental agreement |
| Grace period | None stated for a late fee; do not import a termination or eviction notice period |
| Lease or notice requirement | The fee must be required under the rental agreement to fall within the statutory definition of rent; the agreement may be written or oral (§ 89-8-7(1)(k)-(l)) |
| One-time or recurring | Not addressed — no statutory daily, once-per-period, or anti-stacking rule |
| Calculated on | Not addressed — no percentage base, partial-payment rule, or dollar formula stated |
| Related fees & carve-outs | A late fee required by the agreement is included in "rent"; the Act states no separate returned-check or administrative-fee rule in its late-fee language (§ 89-8-7(1)(k)) |
| If the fee is unlawful | No late-fee-specific refund, multiplier, or attorney-fee remedy stated; § 89-8-3(1) preserves rights and remedies at law or in equity not prohibited by the chapter, and § 89-8-5 bars waiver of chapter rights, duties, or remedies |
Mississippi recognizes an agreement-based fee but sets no formula
Mississippi Code § 89-8-7(1)(k) defines rent to include "any late fees that are required to be paid under the rental agreement by a defaulting tenant." That language recognizes an agreement-based late fee, but the Residential Landlord and Tenant Act gives no maximum dollar figure, percentage, or reasonableness formula for the charge.
The definition also supplies the statutory disclosure boundary. A fee must be required under the rental agreement to be included in rent. Section 89-8-7(1)(l) defines a rental agreement to include both written and oral agreements, so the Act does not impose a separate written-lease or written-late- fee-notice condition.
No statutory grace, accrual, or calculation rule
The Act states no number of fee-free days after the due date. It also does not say that a late fee may accrue daily, must be imposed only once, or cannot be stacked across time. No subsection says whether a percentage should run on the full monthly rent or only the unpaid balance.
Those points therefore come from the rental agreement, subject to other applicable law. A notice period used to terminate a tenancy or begin an eviction is a separate clock and should not be relabeled as a late-fee grace period.
What trips people up
"Late fees are rent" is not a cap. The definition tells the reader how an agreement-required fee is classified. It does not say how large the fee may be or authorize a particular daily or percentage formula.
The agreement may be oral. Mississippi expressly defines rental agreements as written or oral. The statute therefore states no universal rule that a fee is collectible only from a signed lease, although proving an oral term is a separate factual issue.
Lease forms often add rules the Act does not. Payment allocation, notice, separate default, interest, attorney-fee, court-cost, and forum provisions in a lease form are contract terms; the Act does not supply them.
Common questions
Does Mississippi cap the fee at a percentage of monthly rent? No. The Act contains no percentage or dollar ceiling for an ordinary residential late fee.
How many days must pass before the fee applies? The Act states no late-fee grace period. Read the agreement for any contractual grace period and do not substitute an eviction deadline.
Can a landlord charge a fee every day? The statute does not address daily or recurring accrual. It neither authorizes a daily fee nor imposes a once-per- period rule.
What special statutory damages apply to an unlawful fee? The Act states no late-fee-specific refund, multiplier, or attorney-fee award. Current § 89-8-3(1) preserves other rights and remedies at law or in equity that the chapter does not prohibit.
Statutes and sources
- Miss. Code § 89-8-7(1)(k)-(l), as amended by 2025 HB 1200 — late fees
required by a rental agreement are included in rent, and an agreement may be
written or oral.
"Rent" means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant. "Rental agreement" means all written or oral agreements for a dwelling unit located within this state that are subject to this chapter.
Official source: http://billstatus.ls.state.ms.us/documents/2025/pdf/HB/1200-1299/HB1200SG.pdf (accessed 2026-07-20) - Miss. Code § 89-8-3(1), as amended by 2025 SB 2328 — chapter scope and preserved law-and-equity remedies.
Any rights, obligations, or remedies at law or in equity not prohibited by this chapter remain available to residential landlords and tenants.
Official source: https://billstatus.ls.state.ms.us/documents/2025/html/SB/2300-2399/SB2328SG.htm (accessed 2026-07-20) - Miss. Code §§ 89-8-5, 89-8-9 — anti-waiver and good faith in performance and enforcement of chapter duties, rights, and remedies.
a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this chapter ... Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter ... imposes an obligation of good faith in its performance or enforcement.
Official source: https://billstatus.ls.state.ms.us/documents/2024/html/HB/1500-1599/HB1580IN.htm (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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