Mississippi State has various laws regarding the use of rental applications. If your document is not compliant with MS law, you may get sued by the applicant and face legal consequences.
Application Fee
Landlords can charge any fee they choose for a rental application, as these are not limited by Mississippi statute (No Statute). The fee that is paid is also non-refundable to the tenant.
Security Deposit
Similar to the application fee law, there is no Mississippi statute defining a limit on the amount landlords can charge tenants for security deposits (MS Code § 89-8-21) There is also no requirement for the provision of receipts or holding requirements. However, the landlord is obligated to keep valid records of any security deposits they are sent.
Housing Discrimination Law
In Mississippi, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a Mississippi Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application.
Consent Credit Check
Within Mississippi, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).