RESIDENTIAL LEASE AGREEMENT

(State of Mississippi)

[// GUIDANCE: This comprehensive template is drafted for residential properties located in Mississippi and is designed to comply with the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 et seq. Practitioners should tailor bracketed terms, verify local ordinances, and attach any mandatory municipal disclosures.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

Residential Lease Agreement (the “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [LANDLORD LEGAL NAME], a [STATE & TYPE OF ENTITY/INDIVIDUAL] with principal address at [LANDLORD ADDRESS] (“Landlord”); and
2. [TENANT LEGAL NAME], an individual residing at [TENANT CURRENT ADDRESS] (“Tenant,” and together with Landlord, each a “Party” and collectively the “Parties”).

Recitals
A. Landlord is the fee simple owner of the residential real property commonly known as [PROPERTY ADDRESS] (the “Premises”).
B. Tenant desires to lease the Premises on the terms set forth herein, and Landlord is willing to lease the Premises to Tenant for valuable consideration (the adequacy of which is acknowledged).

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Undefined capitalized terms have the meanings assigned elsewhere in this Agreement.

“Applicable Law” – Collectively, the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. §§ 89-8-1 et seq.), all state and federal fair housing statutes, and all municipal building, housing, health, and safety codes applicable to the Premises.

“Business Day” – Any day other than Saturday, Sunday, or a Mississippi state or federal holiday.

“Common Areas” – All areas of the property outside the interior of the Premises intended for shared use (e.g., hallways, parking lots, laundry rooms).

“Lease Term” – The period commencing on the Commencement Date and ending on the Expiration Date, as set forth in Section III.A.

“Monthly Rent” – The fixed monthly rent set forth in Section III.B.

“Notice of Default” – Written notice delivered in accordance with Section IX.E specifying the nature of a claimed default.

“Security Deposit” – The sum described in Section III.C intended to secure Tenant’s performance of its obligations under this Agreement, subject to Miss. Code Ann. § 89-8-21.

III. OPERATIVE PROVISIONS

A. Lease Term
1. Commencement Date: [MM/DD/YYYY]
2. Expiration Date: [MM/DD/YYYY]
3. Tenant shall have the right to occupy the Premises beginning at 12:01 a.m. on the Commencement Date and shall surrender possession no later than 11:59 p.m. on the Expiration Date, unless earlier terminated in accordance with this Agreement.

B. Rent; Additional Charges
1. Monthly Rent: $[AMOUNT], payable on or before the [DAY] day of each calendar month, without offset or deduction, to [PAYEE NAME & ADDRESS] or as Landlord otherwise directs in writing.
2. Late Charge: If Monthly Rent is not received by the fifth (5th) calendar day after it is due, Tenant shall pay a late charge of [PERCENT OR FLAT AMOUNT].
3. Returned Check Fee: $[AMOUNT] per returned instrument, plus all bank charges.

C. Security Deposit
1. Amount: $[AMOUNT] (the “Security Deposit”) delivered concurrently with Tenant’s execution of this Agreement.
2. Permitted Deductions: Unpaid rent, damage beyond ordinary wear and tear, and other amounts permitted by Miss. Code Ann. § 89-8-21.
3. Return: Within forty-five (45) days after Tenant surrenders possession and provides a forwarding address, Landlord shall return any balance of the Security Deposit with an itemized statement of deductions.
4. Interest: No interest shall accrue unless required by local ordinance.

D. Use and Occupancy
1. Residential Use Only; no commercial or unlawful use.
2. Maximum Occupancy: [NUMBER] persons.
3. Pets: [ALLOWED / NOT ALLOWED]. If allowed, Tenant shall pay a non-refundable pet fee of $[AMOUNT] and obtain liability insurance per Section VII.C.

E. Utilities and Services
1. Landlord Provided: [LIST, e.g., water, sewer, trash].
2. Tenant Responsible: [LIST, e.g., electricity, gas, internet].
3. Interruption: Temporary interruption of utilities beyond Landlord’s reasonable control shall not constitute constructive eviction.

F. Maintenance and Repairs
1. Landlord Obligations: Maintain the Premises in a habitable condition in compliance with Applicable Law; keep Common Areas in safe, clean condition.
2. Tenant Obligations: Maintain the interior in clean, sanitary condition; promptly notify Landlord of needed repairs; refrain from damaging systems or fixtures.
3. Alterations: Written consent of Landlord required prior to any alterations.

G. Habitability Standards
Landlord represents that the Premises comply with all habitability requirements of Applicable Law, including but not limited to adequate heating, plumbing, and structural integrity. Tenant shall promptly provide written notice of any condition materially affecting health or safety; Landlord shall cure within fourteen (14) days unless the condition requires more time, provided diligent efforts are commenced within that period.

H. Entry by Landlord
Landlord may enter the Premises upon at least twenty-four (24) hours’ prior notice, except in emergencies, to inspect, make repairs, supply services, or show the Premises. Entry shall be at reasonable times and in a reasonable manner.

I. Insurance
Tenant shall maintain renter’s liability insurance in the minimum amount of $[AMOUNT] per occurrence naming Landlord as additional insured and shall provide proof upon request.

IV. REPRESENTATIONS & WARRANTIES

A. Mutual
1. Authority: Each Party has full power and authority to enter into and perform this Agreement.
2. Enforceability: This Agreement constitutes a valid and binding obligation of each Party.

B. Landlord
1. Title: Landlord is the lawful owner or authorized agent of the owner of the Premises.
2. Habitability: As of the Commencement Date, the Premises comply with Applicable Law.

C. Tenant
1. Financial Capacity: Tenant is able to pay all sums owing under this Agreement as they become due.
2. No Hazardous Activity: Tenant will not engage in any activity that increases fire or casualty risk beyond ordinary residential use.

All representations and warranties shall survive the termination of this Agreement with respect to matters arising during the Lease Term.

V. COVENANTS & RESTRICTIONS

A. Affirmative Covenants of Tenant
1. Rent Payment: Pay Monthly Rent and all additional sums when due.
2. Compliance: Comply with Applicable Law and community rules attached hereto as Exhibit A.
3. Notice: Provide prompt written notice of any material defect, casualty, or condition posing a risk to persons or property.

B. Negative Covenants of Tenant
1. No Assignment or Subletting without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
2. No Illegal Activity or nuisance on or about the Premises.
3. No Smoking [IF APPLICABLE] within the interior of the Premises.

C. Landlord Covenants
1. Quiet Enjoyment: Tenant may peaceably and quietly enjoy the Premises so long as Tenant is not in default.
2. Repairs: Perform repairs required under Section III.F within a reasonable time after notice.

VI. DEFAULT & REMEDIES

A. Events of Default
1. Non-Payment of Rent: Failure to pay any rent when due and the continuance of such failure for three (3) calendar days after Landlord gives written notice demanding payment (“Three-Day Notice”).
2. Non-Monetary Breach: Material violation of this Agreement, other than non-payment, that remains uncured fourteen (14) days after written notice (“Fourteen-Day Notice”).
3. Abandonment: Tenant vacates the Premises without notice while owing rent.

B. Landlord Remedies (cumulative, subject to Applicable Law)
1. Termination: Upon expiration of the applicable notice period, Landlord may terminate this Agreement.
2. Eviction: Commence summary possession proceedings in the [COUNTY] County Housing Court or other court of competent jurisdiction.
3. Recovery of Damages: Seek unpaid rent, future rent per acceleration (if enforceable), costs of repair, and attorneys’ fees.
4. Mitigation: Landlord shall use commercially reasonable efforts to re-let the Premises.

C. Tenant Remedies
1. Repair and Deduct: If Landlord fails to comply with Section III.F and such failure materially affects health or safety, Tenant may pursue remedies provided under Miss. Code Ann. § 89-8-15 after proper notice.
2. Termination: Tenant may terminate this Agreement upon thirty (30) days’ written notice if Landlord materially fails to comply with its obligations and fails to cure within fourteen (14) days after notice.

VII. RISK ALLOCATION

A. Indemnification by Tenant
To the fullest extent permitted by law, Tenant shall indemnify, defend, and hold harmless Landlord and its agents from any claim, damage, liability, or expense (including reasonable attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, (ii) any breach of this Agreement by Tenant, or (iii) the conduct of Tenant’s guests, except to the extent caused by Landlord’s gross negligence or willful misconduct.

B. Limitation of Liability
Landlord’s liability for property damage (excluding personal injury) arising from Landlord’s breach of this Agreement shall not exceed the amount of the Security Deposit, except for damages resulting from Landlord’s gross negligence or willful misconduct, or as otherwise required by Applicable Law.

C. Insurance Requirements
1. Tenant’s Insurance per Section III.I.
2. Landlord Insurance: Landlord shall maintain property insurance on the building but is not responsible for Tenant’s personal property.

D. Force Majeure
Neither Party shall be liable for failure to perform when prevented by events beyond its reasonable control, including acts of God, war, or governmental orders, provided performance is resumed as soon as reasonably possible.

VIII. DISPUTE RESOLUTION

A. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict-of-law rules.

B. Forum Selection
Exclusive jurisdiction and venue for all actions arising under this Agreement shall lie in the [COUNTY] County Housing Court or any other Mississippi state court having subject-matter jurisdiction.

C. Arbitration
The Parties expressly agree not to arbitrate any dispute arising under this Agreement.

D. Jury Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.

E. Injunctive Relief
Nothing herein shall limit Landlord’s right to seek injunctive or other equitable relief, including but not limited to an order of eviction or possession.

IX. GENERAL PROVISIONS

A. Amendments and Waivers
No amendment or waiver shall be effective unless in a written instrument executed by the Party against whom enforcement is sought. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

B. Assignment; Subletting
Tenant shall not assign this Agreement or sublet the Premises without Landlord’s prior written consent. Any purported assignment or sublease in violation of this Section is void.

C. Successors and Assigns
Subject to the foregoing, this Agreement binds and benefits the Parties and their respective heirs, legal representatives, successors, and permitted assigns.

D. Severability
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to render it valid.

E. Notices
All notices must be in writing and delivered (i) by personal delivery, (ii) certified mail (return receipt requested), or (iii) nationally recognized overnight courier to the addresses set forth in the Document Header (or as later changed by notice). Notices are deemed given upon delivery or first refusal.

F. Entire Agreement
This Agreement (including exhibits) constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior agreements or understandings.

G. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, together constituting one instrument. Signatures delivered electronically or by facsimile are binding.

H. Time of Essence
Time is of the essence for all obligations herein.

I. Interpretation
Headings are for convenience only and do not affect interpretation. The rule of strict construction against the drafter shall not apply.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[Optional Notary Acknowledgment – Insert if required by local practice]

EXHIBIT A

Community Rules & Regulations
[Attach or draft as needed]

[// GUIDANCE: Practitioners should confirm any municipal advance notice requirements, lead-based paint disclosures for properties built before 1978, and local occupancy limits. Adjust waiver and limitation clauses to reflect current Mississippi case law regarding landlord negligence and premises liability.]