A Mississippi sublease agreement helps the original tenant (the “sublessor”) rent out all or part of their property to another person (the “subtenant”). The sublessor is responsible for the actions of their subtenant and for paying monthly rent, keeping the property in good condition, and adhering to the terms of the original lease agreement.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: Title 89, Chapter 7 – Landlord and Tenant, Mississippi Code.
Security Deposit Obligations: In Mississippi, a sublessor must return the security deposit within 45 days of the end of the sublease.
Notices: A sublessor must give a subtenant three days’ written notice to pay rent or leave. They must also issue 30 days’ written notice of their plans not to renew the lease or sublease.
Permission to Sublet
- Laws: The landlord-tenant laws in Mississippi do not specifically address subleasing, so you’ll have to refer to your original lease for clarification. You must abide by all other terms and conditions in the original lease agreement.
- Explicit Written Consent: Even if the lease doesn’t mention that subletting is banned, you must still obtain written permission from the landlord.
- Landlord’s Right to Reject: The landlord can deny a tenant’s request to sublet. The landlord may deny the request because they believe the subtenant won’t be reliable or able to meet their rent payments.
Tax Obligations
Lodgings Tax
- State sales tax will apply to short-term rentals.
- Individual cities in Mississippi define short-term rentals, but it typically tends to be a period of no more than 30 consecutive days. For example, the cities of Waveland and Natchez classify a short-term rental period as less than 30 consecutive days.
Tax Rates
- State Sales Tax: 7% (Mississippi Department of Revenue).
- City Taxes: Varies by city.
- County Taxes: Varies by county.
Filing Frequency
- If you have a tax liability of more than $300, you must file your tax return monthly. Some individuals with a tax liability of less than $300 may be allowed to file quarterly [1] .
- Returns are due on the 20th of the month after the relevant reporting period.
Making Payments
- You can submit payments to the Mississippi Department of Revenue.
- Depending on the hosting platform you use, you may not have to remit taxes. For example, Airbnb remits taxes for you at the time of a reservation.
Sample
Related Documents
Rental Application
Screen potential subtenants before entering a sublease agreement.