Can a landlord charge for a pet in Mississippi, and what does the law require for an assistance animal?

Verified September 21, 2026 All Mississippi topics →

Mississippi sets no limit at all on pet money: no pet deposit statute, no pet rent statute, no pet fee statute, and no deposit cap of any kind.

Cited to Miss. Code Ann. § 89-8-21 (1)–(4) and 19 more cited sources · Verified September 21, 2026

What the law controls is what happens to a deposit, and it turns on what the money does rather than what the lease calls it. Money whose primary function is to secure performance of the lease belongs to the tenant, may be claimed only for rent default, repair of tenant damage beyond ordinary wear and tear, cleaning or other reasonable costs of the default, must be itemized in a written notice, and must be returned within forty-five days of the tenancy ending, possession being delivered and the tenant asking for it, with up to two hundred dollars on top of actual damages if it is kept back in bad faith. A charge called a non-refundable pet fee sits outside that section entirely and gets none of those protections. Mississippi has no state fair housing act and no assistance-animal rule for housing of any kind, so a tenant who needs an assistance animal relies on the federal rules alone. The state's guide-dog and support-animal statutes are public-places law, and their no-charge rules do not reach a landlord. Nothing tells a landlord what documentation it may ask for, and there is no offense at all for passing a pet off as an assistance animal. No lease has to state a pet policy, but a landlord's pet rule must be in writing, must apply to all tenants fairly, and if it is adopted after the lease is signed binds the tenant only with reasonable notice and only if it does not substantially modify the agreement. No statute touches breed, size or weight.

Mississippi pets & assistance animals at a glance

Which law governs Mississippi's landlord and tenant law is Title 89 chapters 7 and 8 of the Code, and neither chapter contains a single animal word. Section 89-8-21 governs a tenant's security deposit by a function test rather than by a label, section 89-8-11 governs the rules a landlord may adopt and change, section 89-8-3 says which arrangements the chapter reaches, and section 89-8-5 bars waiver of any right under it. There is no state fair housing act, so there is no civil-rights title carrying an accommodation duty. The state's only assistance-animal statutes are the White Cane Law, sections 43-6-3 to 43-6-11, and the Mississippi Support Animal Act, sections 43-6-151 to 43-6-155, and both are public-places law: their venue sections list transportation, hotels and lodging places, businesses open to the public and other places to which the general public is invited, with no housing limb. The criminal code's animal sections punish harming or interfering with a working dog, not lying about one. Local authority rests on the general home-rule sections, 21-17-5 for municipalities and 19-3-40 for counties.
Where in the state the answers differ Statewide — every answer applies across the state
Which landlords are covered Every landlord of a dwelling unit in the state under a rental agreement entered into after July 1, 1991. Six kinds of arrangement are outside the chapter: residence at an institution incidental to detention or to medical, geriatric, educational, counseling, religious or similar service; occupancy under a contract of sale; occupancy by a member of a fraternal or social organization in its building; transient occupancy in a hotel, motel or lodgings; occupancy by the owner of a condominium unit or the holder of a proprietary lease in a cooperative; and occupancy primarily for agricultural purposes or by someone doing agricultural labor for the owner at less than fair rental value (section 89-8-3). There is no owner-occupied, unit-count or small-landlord exemption, and a landlord and tenant may not agree to waive or forgo any right, duty or remedy under the chapter except as the chapter itself allows (section 89-8-5). Mississippi has no separate manufactured-home park tenancy act, so a park tenancy runs on the same two chapters, and no housing class has a pet rule of its own.
Pet deposit

Yes, with no statutory limit.

No Mississippi statute mentions a pet deposit, and Mississippi caps no deposit of any kind, so the amount is whatever the lease says. What the law does control is a deposit's fate. Money held under the deposit section belongs to the tenant and the tenant's claim to it comes before that of any creditor of the landlord; the landlord may claim from it, by written notice delivered to the tenant, only such amounts as are reasonably necessary to remedy the tenant's default in rent, to repair damage the tenant caused excluding ordinary wear and tear, to clean the premises at the end of the tenancy, or for other reasonable and necessary expenses of the default, and only if the deposit was made for one or more of those specific purposes; the notice must itemize what is claimed; and the remainder must be returned no later than forty-five days after the tenancy ends, possession is delivered and the tenant demands it. Retention in violation of the section and without good faith exposes the landlord to damages of up to two hundred dollars on top of actual damages (section 89-8-21). One drafting point is worth knowing: because the landlord may claim against the deposit only if it was taken for those purposes, a deposit taken expressly for pet damage is, on the face of the section, claimable only for that.

Refundability: No text makes a pet deposit refundable or lets it be non-refundable; what decides the answer is what the money does. Any payment or deposit of money whose primary function is to secure the performance of a rental agreement, or any part of one, is governed by the deposit section, other than a payment made to secure the execution of the agreement, including advance rent (section 89-8-21). So a refundable pet deposit is inside that section and a charge whose primary function is something else, such as a non-refundable pet fee, is outside it altogether — and with it outside the forty-five-day clock, the itemized notice and the bad-faith damages. In Mississippi the label on the charge decides which set of rules, if any, applies to it.

Pet rent and pet fees

Yes — no statute caps, authorizes or forbids pet rent or a pet fee.

Mississippi law does not cap, bar or condition pet rent or a pet fee, and the search of every document in the Code for the pet-money terms returns nothing in housing at all. Both are ordinary contract terms. Two general limits still apply: every duty and every remedy under the landlord-tenant chapter carries an obligation of good faith, meaning honesty in fact in the conduct of the transaction and observance of reasonable community standards of fair dealing (sections 89-8-9 and 89-8-7); and where a pet charge is imposed through a landlord's rule rather than in the lease itself, the rule must satisfy the five conditions in section 89-8-11 set out below.

Monthly pet rent: No statute addresses monthly pet rent. It is an unregulated contract term.

A one-time pet fee: No statute addresses a one-time pet fee, and Mississippi has no general bar on non-refundable fees for one to run into: neither spelling of the word appears anywhere in the two chapters, and the list of provisions a rental agreement may not contain is closed and covers only a confession of judgment and exculpation of the landlord's willful misconduct. A non-refundable pet fee also sits outside the deposit section by its own terms, so it carries none of that section's protections for the tenant.

Pet policy in the lease, and changing it mid-tenancy

No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts.

No Mississippi statute requires a lease to say whether pets are allowed, supplies a default when the lease is silent, limits the number, size or occupancy of animals, or makes any class of housing accept pets. What governs a pet rule is the landlord's-rules section. A landlord may adopt written rules about the tenant's use and occupancy of the premises, and they are enforceable against the tenant only if their purpose is to promote the convenience, safety or welfare of the tenants, preserve the property from abuse or distribute services and facilities fairly; only if they are reasonably related to that purpose; only if they apply to all tenants in the premises in a fair manner; only if they are explicit enough to tell the tenant what must and must not be done; and only if they are not a way around the landlord's own obligations (section 89-8-11). The writing requirement is part of the rule, so an unwritten pet rule is not enforceable as a rule. Unless otherwise agreed, the tenant is to occupy the dwelling unit only as a dwelling unit.

Changing the rule mid-tenancy: A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement (section 89-8-11). Both conditions must hold. Mississippi requires no consent from the tenant and gives the tenant no window to object, so whether a mid-tenancy no-pets rule or a new pet charge binds is an objective question decided after the fact.

Breed, size and weight restrictions

Yes.

No Mississippi statute limits, authorizes or preempts a landlord's breed, size or weight rule. The word breed appears nowhere in either landlord-tenant chapter, and there is no assistance-animal carve-out from a breed rule because there is no assistance-animal housing rule at all. Mississippi also has no statute preempting a city breed ordinance and none expressly authorizing one by name: local animal control rides the general home-rule power, so a municipality or county may regulate the keeping of animals by ordinance so long as the ordinance is not inconsistent with state law.

Assistance animals: the state instrument and who it binds

No — no state instrument reaches assistance animals in housing; the federal rules alone apply.

Mississippi has no state fair housing act and no housing assistance-animal provision of any kind — one of only three states in that position, and it is the most consequential fact on this page. A tenant who needs an assistance animal in Mississippi relies on the federal rules alone, which the federal section of the 50-state page carries. The state does have two assistance-animal statutes, and both are about public places rather than housing. The White Cane Law gives a totally or partially blind person and a deaf person the right to be accompanied by a guide dog or hearing ear dog on a blaze orange leash, especially trained for the purpose, in the places the access section lists, without being required to pay an extra charge for the dog, with the person liable for any damage the dog does to the premises or facilities (sections 43-6-5 and 43-6-7); denying or interfering with those public-facility rights is a misdemeanor carrying up to one hundred dollars or up to sixty days, or both (section 43-6-11). The Mississippi Support Animal Act gives a blind, mobility impaired or hearing impaired person, or an armed services veteran diagnosed with post traumatic stress disorder, who uses a specifically trained support animal, full and equal access to public conveyances, hotels, lodging places, businesses open to the public and other places to which the general public is invited, and bars charging a fee for the use of the animal as to the advantages provided in that section (section 43-6-155). Neither statute has a housing limb. A word of warning about the vocabulary: Mississippi's statutory term is support animal, and it is the state's word for a trained service animal — the definition requires individual training to do work or perform tasks directly related to the disability, says the term does not mean an animal considered a pet, and limits it to a dog or a miniature horse, while also saying the term includes therapeutic animals and comfort animals. That inclusion sits uneasily beside the training requirement and no court has resolved it; either way the rights it carries are public-place rights, so the housing answer is unaffected.

Who it binds: No Mississippi instrument binds a landlord on animals at all. The landlord-tenant chapter binds every landlord of a dwelling unit under a post-July 1991 agreement, subject to its six arrangement exclusions and with no owner-occupied or unit-count exemption, but it says nothing about animals. The White Cane Law and the Support Animal Act bind places of public accommodation: their venue sections reach common carriers and other transportation, hotels, lodging places, businesses open to the public for the sale of goods or services, places of public accommodation, amusement or resort, and other places to which the general public is invited, and the penalty section reaches denial of those public facilities. Every coordinate limb was read, and the phrase rental residential housing appears in none of them; lodging places means transient accommodation, which the landlord-tenant chapter separately excludes. For a Mississippi tenant the accommodation duty is therefore the federal one, on its own terms and with its own exemptions, and the federal section of the 50-state page carries it.

What counts as an assistance animal No state instrument defines an assistance animal for housing; the federal definitions are the only ones
Documentation a landlord may request, and what a certifier must meet

No state instrument sets a documentation standard; the federal rules alone apply.

Mississippi states nothing about what a landlord may request, what a professional must certify, what a letter must contain, whether an online registration counts, or whether and when a landlord must answer. That is a finding rather than a gap: a search of every document in the Code for the assistance-animal terms returns nine documents in the whole of Mississippi law, each of which was opened, and not one of them is a housing provision or a documentation rule. No duty falls on the professional who writes a letter either — the professions and occupations title carries no animal text at all, so no Mississippi board may discipline anyone over one. A landlord in Mississippi asking what it may require gets the answer from the federal rules, not from state law.

Charges for an assistance animal

Under state law, yes — no state text bars a charge for an assistance animal; the federal rules alone govern it.

No Mississippi statute bars a pet deposit, a pet fee or pet rent for an assistance animal in housing. Two clauses look as though they might and neither reaches a landlord. The White Cane Law's no-extra-charge rule for a guide dog or hearing ear dog applies only in the places its access section lists, and every limb of that list is a public place — transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited. The Support Animal Act's rule that no one may charge a fee for the use of the animal is expressly bounded by the advantages, facilities and privileges provided in that section, and that section's list is the same public-place list. A tenant's protection against a charge for an assistance animal in Mississippi comes from the federal rules, which the federal section of the 50-state page carries.

Damage caused by an assistance animal No state text addresses damage caused by an assistance animal in housing.
Misrepresenting an assistance animal

None — no offense, penalty, forfeiture, eviction ground or licensing sanction exists.

Mississippi has no misrepresentation offense, for housing or for public accommodations. There is nothing to point a reader at and nothing that stops at the door of a dwelling: the state simply has not made it an offense to pass a pet off as an assistance animal, and it places no sanction on anyone who writes a letter saying so. The Code's only animal offenses are harm and interference offenses. It is a misdemeanor, punishable by up to ninety days or up to five hundred dollars or both, willfully and maliciously to assault, beat, harass or injure a dog a person knows or has reason to believe is a guide or leader dog for a blind person, a hearing dog, a service dog or a support dog for a mobility impaired person, or to impede or interfere with the duties such a dog performs; malice is presumed, rebuttably, once the person has been asked to stop (section 97-41-21). A companion section covers injuring or killing a public service animal such as a police or fire animal. Neither reaches a false claim.

Can cities add their own rules

State law says nothing either way about local pet rules in housing.

No Mississippi statute preempts or authorizes local regulation of pets in rental housing. Cities and counties run on general home rule: a municipality may adopt any order, resolution or ordinance about municipal affairs, property and finances that is not inconsistent with the state constitution, the Code or any other state law, and a county may do the same about county affairs where no specific provision has been made by general law and the ordinance is not inconsistent with state law. Those grants reach local animal control, which is where a city breed or keeping-of-animals ordinance would sit. One money limit is worth keeping separate: neither tier may regulate, directly or indirectly, the amount of rent charged for private residential property without prior legislative approval, and pet rent is rent — so a local pet-rent cap runs into that clause while a local pet-deposit or pet-fee cap does not, because the clause names rent alone. Fair-housing devolution does not arise: there is no state fair housing act to defer to a local one, and nothing in state law would give a local fair-housing ordinance that status. No Mississippi city carries a pet-in-housing ordinance page on this site.

Local rent control barred: Neither a municipality nor a county may, without prior legislative approval, regulate directly or indirectly the amount of rent charged for leasing private residential property in which it has no property interest. The clause names rent alone, so a local cap on pet rent would need that approval while a local cap on a pet deposit or a pet fee would not be touched by it. Text: Miss. Code Ann. § 21-17-5 · (2)(h).

Local rent control barred, a second instrument: A county may not, without prior legislative approval, regulate directly or indirectly the amount of rent charged for leasing private residential property in which the county has no property interest; the clause names rent alone. Text: Miss. Code Ann. § 19-3-40 · (3)(g).

Housing classes with their own pet rule No manufactured-home park, publicly financed, public-housing or senior-housing rule departs from the answers above
Insurance and dog breeds No statute restricts an insurer's use of dog breed in underwriting
How state law refers to the federal rules State law adds nothing to, and refers to nothing in, the federal rules
Changes already signed into law No signed act is waiting to change these answers
Leading court decisions None carried — the answers rest on the statutes and rules cited

Cite this page: "Landlord Atlas, Mississippi Pet & Assistance Animal Laws (verified September 21, 2026), landlordatlas.com/laws/pets/mississippi/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Mississippi assistance-animal documentation at a glance

No state instrument reaches assistance animals in housing, so no row below is a state rule; the federal rules further down this page are the only ones. The full text of each slot, with its section, is in the table above.

Slot What the state's text says
Who may certify, and on what test Not stated
The certifier's minimum relationship period Not stated
Telehealth Not stated
Online registration or certificate Not stated
Form Not stated
Medical records Not stated
Written answer from the landlord Not stated
Annual re-evaluation Not stated
Proof of vaccination or licensing Not stated

Federal law on pets and assistance animals, in every state

The federal layer for the pets and assistance-animals topic, carried once for the whole site. It is a dated history rather than a single rule: the Fair Housing Act's accommodation duty has not changed since 1988 and the regulation under it has never contained the word animal, while the HUD guidance that most writing on this subject still quotes was withdrawn in September 2025, permanently rescinded in May 2026, and replaced by an enforcement position that governs HUD's own cause determinations and nothing else. Every row names who it binds, and most of the rows that carry real figures bind only federally assisted, public or rural-development housing. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it does. The full text of each row, with its citations, is on the 50-state page.

Notes and caveats

Common questions: Mississippi pets & assistance animals

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

Can a landlord charge a pet deposit in Mississippi, and is there a limit?
Yes, with no statutory limit. No Mississippi statute mentions a pet deposit, and Mississippi caps no deposit of any kind, so the amount is whatever the lease says.
Can a landlord charge pet rent or a non-refundable pet fee in Mississippi?
Yes — no statute caps, authorizes or forbids pet rent or a pet fee. Mississippi law does not cap, bar or condition pet rent or a pet fee, and the search of every document in the Code for the pet-money terms returns nothing in housing at all.
Does a Mississippi lease have to state a pet policy?
No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts. No Mississippi statute requires a lease to say whether pets are allowed, supplies a default when the lease is silent, limits the number, size or occupancy of animals, or makes any class of housing accept pets.
Can a Mississippi landlord restrict pets by breed, size or weight?
Yes. No Mississippi statute limits, authorizes or preempts a landlord's breed, size or weight rule.
Does Mississippi have its own assistance-animal law for rentals?
No — no state instrument reaches assistance animals in housing; the federal rules alone apply. Mississippi has no state fair housing act and no housing assistance-animal provision of any kind — one of only three states in that position, and it is the most consequential fact on this page.
What documentation can a Mississippi landlord ask for when a tenant requests an assistance animal?
No state instrument sets a documentation standard; the federal rules alone apply. Mississippi states nothing about what a landlord may request, what a professional must certify, what a letter must contain, whether an online registration counts, or whether and when a landlord must answer.
Can a Mississippi landlord charge a pet deposit or pet rent for an emotional support animal?
Under state law, yes — no state text bars a charge for an assistance animal; the federal rules alone govern it. No Mississippi statute bars a pet deposit, a pet fee or pet rent for an assistance animal in housing.
What is the penalty for falsely claiming an assistance animal in Mississippi?
None — no offense, penalty, forfeiture, eviction ground or licensing sanction exists. Mississippi has no misrepresentation offense, for housing or for public accommodations.

Citations

How this record was verified: Direct reading of the Mississippi Code of 1972 Annotated on the State's own public-access code service, whose documents carry the line current with legislation from the 2026 Regular and First Extraordinary Sessions, together with a copy of Title 89 chapters 7 and 8 taken section by section from the same service on August 20, 2026, all 87 section documents, each carrying the line current with legislation from the 2026 Regular Session. Those two chapters — the whole of Mississippi's landlord and tenant law — were read end to end and every animal, pet and money term run over them. Sections 43-6-3, 43-6-5, 43-6-7 and 43-6-11 of the White Cane Law, sections 43-6-153 and 43-6-155 of the Mississippi Support Animal Act and section 97-41-21 of the criminal code were read in full on the same service, and two term searches were run across every document in the Code: one for the seven assistance-animal terms, which returned nine documents in the entire Code, each of which was opened, and one for the pet-money terms and reasonable accommodation, which returned four, none of them a housing provision. The Legislature's own site supplied the rest: the per-section enactment index was read for nine code sections across fourteen sessions from 2013 to 2026, the Reports of All Measures for 2025 and 2026 were read whole, 3,811 and 4,116 measures with each measure's last action, and five bill and enrolled-act PDFs were read in full, including the 2016 act that last amended the municipal home-rule section and the 2012 act that last amended the county one. The Mississippi Administrative Code was queried through the Secretary of State's own service for the five agencies that could hold a housing or disability rule. The state opinion archive could not be searched: the shared daily quota on the opinion service was exhausted before the first query returned, and the state courts' own site serves no full-text opinion search, so nothing is claimed about Mississippi case law either way. Title 83, the insurance title, was searched in full text on the State's official public-access code service for breed, canine, dog and animal, with a control term confirming the search reached the title.

What was read to state each absence on this page: