MS

Mississippi Commercial Lease Laws

By Angel Campa, Founder · Updated March 2026

Mississippi offers one of the most landlord-favorable commercial leasing environments in the southeastern United States. Governed primarily by the Mississippi Landlord and Tenant Act under Title 89 of the Mississippi Code Annotated, commercial landlord-tenant law in the state places very few statutory restrictions on lease terms and remedies. The legislature has deliberately maintained a minimalist regulatory posture, treating commercial tenants as sophisticated parties capable of negotiating their own protections.

The state permits the common-law remedy of distress for rent, allowing landlords to levy on tenant property for unpaid rent with minimal court involvement. While formal unlawful detainer proceedings are the standard route for eviction, the courts are generally efficient and landlord-receptive. Mississippi does not impose a commercial rent tax, and there is no statutory cap on commercial security deposits. The commercial real estate market is concentrated in the Gulf Coast gaming and hospitality corridor, the Jackson metro area, and the Memphis-adjacent logistics hub in DeSoto County, each of which carries industry-specific lease norms worth reviewing during abstraction.

Key Facts

Regulatory Stance
Strongly Landlord-Friendly
Self-Help Evictions
Not permitted by statute; unlawful detainer required
Distress for Rent
Available under Miss. Code Ann. § 89-7-45
Statutory Audit Rights
None; entirely contractual
Security Deposit Cap
No statutory cap for commercial leases

Key Statutes

Mississippi Code Annotated Title 89 (Property)

The foundational title governing real property law in Mississippi, including landlord-tenant relationships, lease enforcement, and remedies for both commercial and residential tenancies.

View statute →

Mississippi Code Annotated § 89-7-1 et seq. (Landlord and Tenant)

The specific landlord and tenant chapter governing notice requirements, lease termination, unlawful detainer procedures, and distress for rent remedies for commercial properties.

View statute →

Mississippi Code Annotated § 89-7-45 (Distress for Rent)

Permits a commercial landlord to distrain tenant personal property located on the leased premises to satisfy unpaid rent obligations.

View statute →

Notice Periods

TypePeriodDetails
Nonpayment of Rent3 daysA landlord must serve a 3-day written notice to pay or quit before commencing an unlawful detainer action for non-payment of commercial rent.
Month-to-Month Termination30 daysEither party must provide 30 days of advance written notice to terminate a month-to-month commercial tenancy.
Year-to-Year Termination2 monthsAt common law, a year-to-year commercial tenancy requires approximately 2 months of notice prior to the end of the annual term, absent a specific lease provision.

CAM & Operating Expense Audit Rights

No statutory right; audit provisions must be fully negotiated in the lease.

Mississippi law provides no statutory audit rights for commercial tenants seeking to review landlord CAM charges or operating expense reconciliations. All audit rights must be explicitly included in the lease. Given the state's strongly landlord-favorable legal environment, tenants—particularly national retailers and hospitality operators in the Gulf Coast market—should negotiate robust audit provisions including specific look-back periods, CPA qualification standards, and landlord cure obligations upon discovery of overcharges.

Frequently Asked Questions

What notice is required for a commercial eviction in Mississippi?
For non-payment of rent, a landlord must serve a 3-day written notice to pay or vacate before filing an unlawful detainer action. For lease violations, the notice period is typically governed by the lease terms.
Can a Mississippi commercial landlord use distress for rent?
Yes. Under Miss. Code Ann. § 89-7-45, a commercial landlord may distrain (seize and hold) tenant personal property located on the leased premises as security for unpaid rent. This is a powerful pre-judgment remedy that requires careful procedural compliance.
Are there any commercial lease protections for gaming or hospitality tenants in Mississippi?
No specific statutory protections exist for gaming or hospitality commercial tenants. These industries typically negotiate specialized lease provisions addressing liquor license conditionality, gaming license contingencies, and force majeure events specific to regulated operations.
Is there a commercial rent tax in Mississippi?
No. Mississippi does not impose a statewide commercial rent tax. Retail sales of tangible personal property and certain services are taxable, but commercial real estate lease payments themselves are generally not subject to Mississippi sales tax.

Key Fields for Mississippi Leases

Common Red Flags

Disclaimer: This page provides general information about commercial landlord-tenant law in Mississippi. It is not legal advice. Laws change frequently and local ordinances may impose additional requirements. Consult a licensed attorney in Mississippi for guidance specific to your situation.

Related Articles

Abstracting a Mississippi commercial lease?

Upload your lease PDF and get 125+ structured fields extracted in minutes. Lextract flags state-specific clauses and risks. Just $20 per lease.

Upload Your Lease