Mississippi Law
Mississippi Law

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Mississippi Landlord-Tenant Act 

The "Mississippi Residential Landlord and Tenant Act" outlines the rights, obligations, and remedies in Mississippi under any rental agreement entered into after July 1, 1991. The provisions of this Act apply only to traditional residential "lease" situations--not to condominiums, cooperatives, or land leased for agricultural purposes. The exercise of any right or remedy under this Act is obligated to be done with good faith, honest belief, and fair dealing.

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Mississippi Landlord Tenant Act

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1. Section 89-8-11: Landlord Regulations on Tenant Usage

A landlord may at times adopt rules concerning tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

(a) Their purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(c) They apply to all tenants in the premises in a fair manner;

(d) They are sufficiently explicit in their prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;

(e) They are not for the purpose of evading the obligations of the landlord.

A 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. Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.

2. Section 89-8-13: Termination of the Lease due to Material Breach

If a party (whether landlord or tenant) makes a material breach of the lease (or fails to fulfill his duties as a landlord or tenant as outlined in §§ 89-8-23 , 89-8-25 ), the non-breaching party may end the tenancy or resort to any other legal remedy. The non-breaching party should respond to the breach in the following manner:

The non-breaching party may deliver a written notice to the party in breach specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of 30 days...

The lease shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:

a. If the breach is remediable by repairs or the payment of damages and the breaching party adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.

b. If the same breach (of which written notice was given) occurs within 6 months of that initial notice, the non-breaching party may terminate the lease upon at least 14 days written notice specifying the breach and the date of termination of the lease.

c. Neither party may end the tenancy for a condition caused by his own deliberate or negligent breach.

If the lease is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under §89-8-21.

Note: If the tenant's material breach is nonpayment of rent pursuant to the lease, the landlord is not required to deliver 30 days written notice. In such event, the landlord may seek the tenant's removal as outlined in § 89-7-1 (and following) of the MS Code.

3. Section 89-8-15: Repair of Defect by Tenant

If, after 30 days of receipt of written notice, the landlord fails to repair a defect constituting a material breach of lease or duty, the tenant:

  • may repair such defect himself; and
  • shall be entitled to reimbursement of the repair costs within 45 days after submission to the landlord of receipted bills for such work, provided that:

--the tenant has fulfilled his duties at a tenant as outlined in § 89-8-25;  --the repair costs does not exceed an amount equal to one month's rent; --the tenant has not exercised this remedy within the preceding 6 months; --the tenant is current in his rental payments.

A tenant is not entitled to reimbursement for repair costs higher than the customary charge for such repairs. A tenant's repair costs may be off-set against future rent.

4. Section 89-8-17: Landlord Rights after Expiration of Lease

At any time after expiration of the lease, a landlord may:

  • recover possession of the dwelling unit
  • make the tenant involuntarily leave
  • demand an increase in rent
  • decrease services to tenant (if not done in retaliation to tenant's prior written notice of material breach)

5. Section 89-8-19: Length of Tenancy; Notice of Termination

  • Unless the lease fixes a definite term, the length of tenancy shall be week to week (if a tenant pays weekly rent) and in all other cases, month to month.
  • Termination of a week-to-week tenancy requires written notice from either the landlord or tenant given at least 7 days prior to the termination date.
  • Termination of a month-to-month tenancy requires written notice from either the landlord or tenant given to least 30 days prior to the termination date.
  • Notice to terminate tenancy is not required when either party commits a substantial breach of lease or duty that materially affects health and safety.

6. Section 89-8-21: Tenant's Security Deposit -  see Security Deposit

7. Section 89-8-23: Landlord Duties  - see Landlord

8. Section 89-8-25: Tenant Duties - see Tenant





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