Most places, including Mississippi, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Mississippi Implied Warranty of Habitability
In Mississippi, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Mississippi
Note: Check local city/county laws and ordinances for additional requirements. Note also that landlord and tenant can make a good-faith agreement to separately arrange any of the legal obligations described in this article.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | No | No |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Mississippi
Mississippi landlords don’t have to provide heating or air conditioning, but they must keep provided heating and cooling equipment in substantially the same condition that it was in when the lease began.
Are Landlords Required to Provide Air Filter Replacements in Mississippi?
Mississippi landlords don’t have to replace things like air filters, unless failing to do this would put provided heating or cooling equipment in worse condition than it was at the beginning of the lease.
Landlord Responsibilities for Plumbing in Mississippi
Mississippi landlords must keep plumbing in the same condition it was in when the lease began, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Mississippi?
Mississippi landlords have no specific obligation to provide or maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Mississippi?
Mississippi landlords must fix clogs that put the plumbing in worse condition than when the lease began.
Are Landlords in Mississippi Responsible for Fixing Leaks?
Mississippi landlords must fix leaks that put the plumbing in worse condition than when the lease began.
Landlord Responsibilities for Kitchen Appliances in Mississippi
Mississippi landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Mississippi
Mississippi landlords have no responsibilities relating to electrical issues except what’s required by local code or basic considerations of health and safety.
Are Landlords Responsible for Replacing Light Bulbs in Mississippi?
Mississippi landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Mississippi
Mississippi landlords have no responsibilities relating to garbage removal. Disposal of waste is entirely the tenant’s legal duty.
Landlord Responsibilities for Landscaping in Mississippi
Mississippi landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Mississippi
Mississippi landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Mississippi
Mississippi landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. However, there’s no requirement for regular testing.
Landlord Responsibilities for Windows & Window Coverings in Mississippi
Mississippi landlords have no responsibilities relating to windows and window coverings, except basics of health and safety. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Mississippi
Mississippi landlords have no specific law relating to the provision or maintenance of safety devices like smoke alarms and carbon monoxide (CO) detectors. However, Mississippi does currently incorporate the International Fire Code (IFC). IFC standards require smoke alarms in all residences, plus CO detection in non-exempt buildings.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Mississippi?
Mississippi landlords have no specific responsibility to replace safety device batteries.
Landlord Responsibilities for Washers and Dryers in Mississippi
Mississippi landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Mississippi
Mississippi renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, ask a court to order repairs or compensation, or sometimes repair and deduct by following a special process. The renter usually can’t withhold rent, however.
Sources
- 1 Miss. Code Ann. § 89-8-23(1), (2), & (4) (2022)
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“(1) 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…
“(2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant’s permission…
“(4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant’s affirmative act or failure to comply with his obligations under Section 89-8-25 [tenant’s legal responsibilities].”
Source Link - 2 Miss. Code Ann. § 89-8-23(3) (2022)
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“Subject to the provisions of Section 89-8-5 [no waiver on willful misconduct], the landlord and tenant may agree in writing that the tenant perform some or all of the landlord’s duties under this section, but only if the transaction is entered into in good faith.”
Source Link - 3 Miss. Code Ann. § 89-8-25(a) - (e) (2022)
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“A tenant shall: (a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits; (b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards; (c) Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition permits; (d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises; (e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so.”
Source Link - 4 Miss. Code Ann. § 45-11-103 (2022)
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“The standards embodied in said code shall be based upon and shall be not less stringent than the standards established by the standard fire prevention code as promulgated by the Southern Building Code Congress International, Inc.”
The fire code in question is currently the International Fire Code, which requires smoke alarms in all residential dwellings and carbon monoxide detection for any dwelling containing or adjacent to a source of carbon monoxide such as a fireplace or enclosed garage.
Source Link - 5 Miss. Code Ann. § 89-8-13(3)(a) & (3)(b) (2022)
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“The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days; and the rental agreement 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, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate; (b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days’ notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement.”
Source Link - 6 Miss. Code Ann. 89-8-15(1) (2022)
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“(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant: (a) May repair the defect; and (b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that: (i) The tenant has fulfilled the obligations required under Section 89-8-25; (ii) The expenses incurred in making the repairs do not exceed an amount equal to one (1) month’s rent; (iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and (iv) The tenant is current in rental payments.”
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