| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Mississippi?
It’s illegal for Mississippi landlords to retaliate with raised rent, or bad-faith actions (including eviction in bad faith), against a renter who has exercised his rights under the Mississippi Residential Landlord-Tenant Act.
What Can Tenants Do in Response in Mississippi?
Mississippi tenants have the burden of proof to establish a landlord’s bad faith or intent to retaliate. If a court agrees, the judge will block the retaliatory actions. In severe cases, the tenant might also claim constructive eviction and move out, which ends the lease.
Sources
- 1 Miss. Code Ann. § 89-8-9 (2022)
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“Every duty under this chapter [the Residential Landlord-Tenant Act] and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter, including the landlord’s termination of a tenancy or the nonrenewal of a rental agreement or the removal of a tenant from the premises, imposes an obligation of good faith in its performance or enforcement.”
Source Link - 2 Miss. Code Ann. § 89-8-17 (2022)
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“(1) A rental agreement that fixes a definite term expires on the date stated in the rental agreement.
“(2) Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the expiration of a rental agreement, provide notice to the tenant in writing, or by email or text message, if the tenant has agreed to be notified by email or text message, specifying that the tenant is holding over after expiration of the rental agreement and that the landlord will commence eviction proceedings no earlier than three (3) days after such notice is provided. The landlord may also demand an increase in rent after the expiration of the rental agreement if such actions by the landlord did not have the dominant purpose of retaliation against the tenant for his actions authorized under this chapter and the landlord received written notice of each condition which was the subject of such actions of the tenant.”
Source Link - 3 In re Christopher, CASE NO. 02-10782, ADV. PROC. NO. 02-1082, (Bankr. N.D. Miss. May. 27, 2003)
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“[C]onstructive eviction occurs only when the landlord, by some intentional act or omission, materially and permanently interferes with the lessor’s enjoyment or use of the premises.”
Source Link
