This part shall be known as the 'Residential Landlord and Tenant Act.' It governs any traditional residential lease or rental agreement entered into after July 1 1991. Every duty under the Act and every obligation which must be performed as a condition precedent to the exercise of a right or remedy under the Act imposes an obligation of good faith in its performance or enforcement.
The Act does not cover: (1) residence at an institution if incidental to detention or medical geriatric educational counseling or religious service; (2) occupancy under a contract of sale if occupant is the purchaser; (3) occupancy by a member of a fraternal or social organization in a structure operated for the benefit of the organization; (4) transient occupancy in a hotel motel or lodgings; (5) occupancy by an owner of a condominium unit or holder of a proprietary lease in a cooperative; (6) occupancy under a rental agreement covering premises used primarily for agricultural purposes or when the occupant is performing agricultural labor for the owner and premises are rented for less than fair rental value.
In any agreement oral or written for the rental of real property as a dwelling place a landlord or tenant may not agree to waive or otherwise forego any of the rights duties or remedies under this chapter. No rental agreement may provide that the tenant or landlord: (a) authorizes any person to confess judgment on a claim arising out of the rental agreement; or (b) agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord's willful misconduct.
Key definitions: 'Dwelling unit' means a structure or part of a structure used as a home residence or sleeping place. 'Landlord' means the owner lessor or sublessor of the dwelling unit or the agent representing such owner. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit. 'Rent' means all payments to be made to the landlord under the rental agreement including any late fees required to be paid under the rental agreement by a defaulting tenant. 'Rental agreement' means all agreements written or oral embodying the terms and conditions of use and occupancy. 'Good faith' means honesty in fact in the conduct of the transaction and observation of reasonable community standards of fair dealing. Notice given to the agent of the landlord is equivalent to giving notice to the landlord.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if: (a) their purpose is to promote convenience safety or welfare of tenants or preserve the landlord's property; (b) they are reasonably related to that purpose; (c) they apply to all tenants fairly; (d) they are sufficiently explicit to inform the tenant of required conduct; and (e) they are not for the purpose of evading the landlord's obligations. A rule adopted after the tenant enters the rental agreement is enforceable only if reasonable notice is given and it does not substantially modify the rental agreement.
If there is a material noncompliance by the tenant with the rental agreement or obligations under Section 89-8-25 the landlord may deliver written notice specifying the acts or omissions constituting the breach and that the rental agreement will terminate not less than 14 days after receipt of the notice if the breach is not remedied within a reasonable time not exceeding 14 days. If the breach is remediable the tenancy is not terminated if adequately remedied before the date specified. If substantially the same violation recurs within 6 months the landlord may terminate upon at least 14 days written notice without opportunity to cure. For nonpayment of rent the landlord is NOT required to give 14 days notice and may instead proceed under Chapter 7 Title 89 using a 3-Day Notice. Notice may be given by email or text message if the party has agreed in writing to be notified by such means.
If within 30 days after written notice to the landlord of a specific and material defect constituting a breach of the rental agreement or landlord obligations under Section 89-8-23 the landlord fails to repair such defect the tenant may repair the defect and shall be entitled to reimbursement within 45 days after submitting receipted bills provided that: (i) the tenant has fulfilled obligations under Section 89-8-25; (ii) repair expenses do not exceed one month's rent; (iii) the tenant has not exercised this remedy in the preceding 6 months; and (iv) the tenant is current in rent. The cost of repairs may be offset against future rent.
After expiration of a rental agreement the landlord may recover possession cause the tenant to quit involuntarily demand a rent increase or decrease services provided such actions did not have the dominant purpose of retaliation against the tenant for actions authorized under the Act and the landlord received written notice of each condition which was the subject of the tenant's actions.
Unless the rental agreement fixes a definite term a tenancy shall be week-to-week if the tenant pays weekly rent and month-to-month in all other cases. The landlord or tenant may terminate a week-to-week tenancy by written notice at least 7 days prior to the termination date. The landlord or tenant may terminate a month-to-month tenancy by written notice at least 30 days prior to the termination date. Notice to terminate a tenancy is not required when the landlord or tenant has committed a substantial violation of the rental agreement or the Act that materially affects health and safety.
Any payment or deposit of money the primary function of which is to secure performance of a rental agreement shall be held by the landlord for the tenant. The claim of a tenant to such payment shall be prior to the claim of any creditor of the landlord. The landlord may claim from the deposit only amounts reasonably necessary to remedy the tenant's defaults in payment of rent to repair damages caused by the tenant exclusive of ordinary wear and tear to clean the premises upon termination or for other reasonable and necessary expenses incurred as a result of the tenant's default. The written notice by which the landlord claims all or any portion of the deposit shall itemize the amounts claimed. Any remaining portion shall be returned to the tenant no later than 45 days after termination of tenancy delivery of possession and demand by the tenant. Wrongful retention with absence of good faith may subject the landlord to damages not to exceed $200.00 in addition to actual damages.
A landlord shall at all times during the tenancy: (a) comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) maintain the dwelling unit its plumbing heating and/or cooling system in substantially the same condition as at the inception of the lease reasonable wear and tear excluded unless damaged by the deliberate or negligent actions of the tenant. No duty arises in connection with a defect caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant's permission. The landlord and tenant may agree in writing that the tenant perform some or all of the landlord's duties under this section if the transaction is entered into in good faith.
A tenant shall: (a) keep premises clean and safe; (b) dispose of garbage and waste in a clean and safe manner; (c) keep plumbing fixtures clean; (d) use electrical plumbing sanitary heating ventilating air conditioning and other facilities reasonably; (e) not deliberately or negligently destroy deface damage impair or remove any part of the premises; (f) not disturb neighbors' peaceful enjoyment; (g) inform the landlord of any condition of which he has actual knowledge which may cause damage to the premises; (h) maintain the dwelling unit in substantially the same condition reasonable wear and tear excepted and comply with applicable building and housing codes; (i) not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.
Any cosigner of a residential lease may terminate and is presumed to have terminated the lease before its expiration date upon the death of the lessee or upon the death of all lessees. The cosigner must provide notice to the lessor within 30 days of the death of the lessee if he or she chooses NOT to terminate the lease. Termination does not relieve the lessee's estate or cosigner from liability for: (a) rent or sums owed before death; (b) rent for the remainder of the month or 30-day period during which death occurred; or (c) amounts necessary to restore premises to condition at commencement. Any attempted waiver by a lessor of this right is void. Applies to leases entered into or renewed from and after July 1 2011.
Notice to quit shall be necessary only where the term is not to expire at a fixed time. Two months' notice in writing shall be given where the holding is from year to year. One month's notice where the holding is by the half-year or quarter-year. Where the letting is by the month or by the week one week's notice in writing shall be given. This section does not apply to rental agreements governed by the Residential Landlord and Tenant Act.
When a tenant being lawfully notified by his landlord shall fail or refuse to quit the demised premises and deliver up the same as required by the notice the tenant shall thenceforward pay to the landlord double the rent which he should otherwise have paid to be levied sued for and recovered as the single rent. Double rent shall continue to be paid during all the time the tenant shall continue in possession after notice.
A tenant at will at sufferance or for a term may be removed from the premises by the judge of the county court any justice court judge or the mayor or police justice of any city town or village in the following cases: First — where such tenant holds over after expiration of his term without permission. Second — after any default in the payment of rent pursuant to the agreement and three (3) days' notice in writing requiring the payment of such rent or the possession of the premises shall have been served on the person who owes the rent. Third — if a written agreement exists any event calling for eviction in the agreement may trigger the eviction process under this section. Notice of default by email or text message is proper if the party has agreed in writing to be notified by that means.
The landlord or lessor his legal representatives agents or assigns in order to have the benefit of eviction proceedings shall present to the court a sworn affidavit containing the facts which require removal of the tenant describing the premises claimed and the amount of rent and any late fees due and when payable and that the necessary notice has been given to terminate such tenancy. These facts shall be based on the rental agreement signed by the landlord and the tenant. Upon receipt of the sworn affidavit the court shall initiate the removal of the tenant for nonpayment of rent or other event of default.
On receiving the affidavit the court shall issue a summons directing the sheriff or constable of the county describing the premises and commanding the officer to require the person in possession to remove from the premises or to show cause before the court on a day not less than 3 nor more than 5 days from the date of the summons why possession should not be delivered to the applicant. The summons shall state that if possession is granted and the tenant does not remove personal property before the date ordered by the judge then the landlord may dispose of such personal property without further legal action.
Such summons shall be served as a summons is served in other cases if the tenant can be found. If the tenant cannot be found service shall be made by putting up a copy in some conspicuous place on the premises where the tenant last or usually resided.
If at the time appointed it appears the summons has been duly served and if sufficient cause is not shown to the contrary the magistrate shall issue his warrant to the sheriff or constable commanding him to remove all persons from the premises and to put the applicant into full possession thereof. If the tenant has failed to remove personal property including any manufactured home from the premises such property shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
The court may at the request of either party adjourn the hearing from time to time a single adjournment not to exceed 10 days except by consent. In hearings for eviction no adjournment shall extend the entire hearing beyond 45 days from the date the eviction action was filed.
If the proceedings are founded upon the nonpayment of rent the issuance of the warrant for the removal of the tenant shall be stayed if the person owing the rent shall before the warrant is actually issued pay the full and complete amount of rent due including any late fees that have accrued as a result of the nonpayment of rent as provided in the rental agreement and the costs of the proceedings. If the rent and costs are not paid within 10 days the warrant shall then issue as if the proceedings had not been stayed.
If a tenant of lands being in arrear for rent shall desert the demised premises and leave the same uncultivated or unoccupied so that a sufficient distress cannot be had to satisfy the arrears of rent a constable may at the request of the landlord and upon due proof by affidavit that the premises have been deserted affix a notice on a conspicuous part of the premises stating what day he will return for a second view not less than 5 days nor more than 15 days thereafter requiring the tenant to appear and pay the rent and any late fees due. If upon second view the tenant has not paid or there is not sufficient distress the justice court shall immediately or within 48 hours put the landlord in possession and the lease shall become void. The tenant may appeal to circuit court within 30 days after possession is delivered.
Residential evictions in Mississippi are heard in Justice Court in the county where the premises are located. Justice Court judges have jurisdiction over residential landlord-tenant disputes and eviction proceedings. Filing fees in Mississippi Justice Courts are significantly lower than in many other states — typically ranging from $50 to $100. Circuit Court handles appeals from Justice Court eviction decisions.
Mississippi has no statewide rent control law and no municipality in Mississippi has enacted rent control. Mississippi's legislature has not enacted rent stabilization provisions. Landlords may increase rent at the expiration of any lease term or with proper notice for month-to-month tenancies.
Mississippi does not require just cause for eviction or lease non-renewal. A landlord may decline to renew a lease at expiration or terminate a month-to-month tenancy with 30 days written notice without stating a reason provided the decision is not motivated by illegal discrimination or retaliation for protected tenant activity.
Mississippi has no statewide source of income protections. Landlords are not required to accept Section 8 Housing Choice Vouchers or other government rental assistance. No Mississippi municipality has enacted source of income protections.
Mississippi law allows notices including notices of default eviction notices and termination notices to be delivered by email or text message if the receiving party has agreed in writing to be notified by such means. This applies to both landlord notices to tenants and tenant notices to landlords. The agreement to accept electronic notice must be in writing.
Mississippi's eviction process is among the fastest in the Southeast: (1) Serve 3-Day Notice to Pay or Vacate for nonpayment or 14-Day Notice to Cure or Vacate for lease violations; (2) File sworn affidavit with Justice Court after notice period expires — filing fee approximately $50 to $100; (3) Court issues summons for hearing 3 to 5 days from summons date; (4) If landlord prevails court issues removal warrant executed by sheriff or constable; (5) Entire process capped at 45 days from filing date. Tenant may pay all amounts due plus costs before writ is issued to stay the proceedings.
Mississippi does not set a maximum security deposit amount. Landlords may charge any amount agreed upon in the lease. The deposit must be returned within 45 days after termination of tenancy delivery of possession AND written demand by the tenant. Itemized written notice of any deductions is required. Wrongful retention with absence of good faith subjects landlord to damages not exceeding $200 plus actual damages.
Mississippi is broadly considered one of the most landlord-friendly states in the United States. Key landlord advantages include: 3-day nonpayment notice (among the shortest nationally); Justice Court jurisdiction with low filing fees; 3 to 5 day hearing schedule; 45-day hard cap on eviction proceedings; no rent control; no just-cause eviction requirement; no source of income protections; double rent holdover penalty; fast abandonment procedure; and low security deposit penalty of only $200 plus actual damages.
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