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Mississippi Sublease Agreement

A Mississippi sublease agreement is a document that creates a new lease arrangement between an existing tenant (sublessor) and a new tenant (sublessee) who wishes to rent part or all of the property. By subletting to a third party, the original tenant is able to fulfill their obligations under the original lease.
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Right to Sublet

Mississippi doesn’t have any state laws that explicitly address a tenant’s ability to sublet. Therefore, the lease will determine whether a property can be sublet and what requirements a tenant must adhere to when exercising this option. Typically, a lease will either prohibit subleasing or it will allow subleasing only with the landlord’s consent.

Unless a lease grants permission to sublease, the landlord’s prior written permission will be necessary. Whenever a landlord’s permission is required, consider using a Landlord Consent Form.

Short-Term (Lodgings) Tax

Although Mississippi charges state sales tax on short-term rentals, the practice is not defined or regulated at the state level. Each county and city determines what constitutes “short-term” and levies taxes and fees at their discretion. Typically, short-term rentals are those with a duration of 90 days or less.

Mississippi short-term rental taxes:

  • 7% state sales tax[1]
  • County taxes (varies by county)
  • City taxes (varies by city)

City and county taxes may include sales, lodging, and hotel/tourism taxes.