In general, a landlord in Mississippi has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
Mississippi Landlord Responsibilities for Repairs
Mississippi landlords are responsible for keeping all of the following in the same condition it was in at the beginning of the lease:
- The structure of the dwelling unit.
- Plumbing.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Mississippi?
Mississippi tenants are responsible for repairing any damage they cause to the property through their deliberate or negligent actions.
This is only the default legal situation, however. The landlord and tenant can agree in writing for the tenant to handle any specific maintenance.
Requesting Repairs in Mississippi
Mississippi tenants must request repairs by providing the landlord written notice about the issue that needs repair. Email and text message are also options for notice, if the landlord has agreed to these options in writing.
How Long Does a Landlord Have To Make Repairs in Mississippi?
Mississippi landlords have 14 days to make repairs after getting proper written notice about an issue from the tenant.
Can the Landlord Refuse To Make Repairs in Mississippi?
Mississippi landlords can refuse to make repairs, if they have good-faith reason to think that the issue was caused by the tenant’s failure to keep legal responsibilities.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Mississippi?
Mississippi landlords are not required to pay for alternative accommodation while they conduct repairs.
Tenant’s Rights if Repairs Aren’t Made in Mississippi
Mississippi tenants can cancel the rental agreement if the landlord doesn’t make timely repairs. They might also sue for an injunction to force repairs.
Can the Tenant Withhold Rent in Mississippi?
Mississippi tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must have a court order.
Can the Tenant Repair and Deduct in Mississippi?
Mississippi tenants can arrange for repairs and deduct from the rent by following a special procedure subject to all the following requirements:
- The tenant must be current on all responsibilities, including rent.
- The tenant cannot have repaired and deducted in the past six months.
- Repairs must be done at least 30 days after the landlord gets written notice of the issue.
- Repairs that affect more than one unit must provide notice to all affected tenants, and avoid as much inconvenience as possible.
- Rent deduction must occur at least 45 days after the landlord gets written notice of the issue.
- The deduction must be the usual, customary cost of similar repairs (total of no more than one month’s rent), proven by giving the landlord receipts.
Can the Tenant Break Their Lease in Mississippi?
Mississippi tenants can break their lease 14 days after written notice, for failure to repair issues that weren’t the tenant’s responsibility or other violations of the rental agreement.
Can the Tenant Sue in Mississippi?
Mississippi tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in Mississippi?
Mississippi tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation 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.
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. § 89-8-13(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 - 2 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 - 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. § 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 - 5 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 - 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.”
Source Link - 7 Miss. Code Ann. 89-8-15(2) & (3) (2022)
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“(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an amount greater than the usual and customary charge for such repairs.
“(3) Before correcting a condition affecting facilities shared by more than one (1) dwelling unit, the tenant shall notify all other tenants sharing such facilities of the plans for the repairs and shall so arrange the work as to create the least practicable inconvenience to the other tenants.”
Source Link - 8 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 - 9 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 - 10 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.”
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