In Mississippi, a landlord’s obligation for providing a habitable living space is primarily governed by Mississippi Code §89-8-23. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | HVAC, Plumbing |
| Time Limit for Repairs | 30 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Mississippi
The implied warranty of habitability in Mississippi does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Not specifically addressed |
| Hotels/Motels | No |
Landlord Responsibilities in Mississippi
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Mississippi, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Not addressed |
| Provide working HVAC equipment. | No |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Plumbing only |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Not addressed |
| Provide a trash can (for trash pickup services). | No |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Not addressed |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Not addressed |
| Provide a working washer/dryer. | Not addressed |
Mississippi state law doesn’t set out many requirements for landlords regarding habitability; however, landlords are required to comply with all housing codes, which are regulated by local governments. Landlords must make repairs if they are stated in the rental agreement and all common areas should be kept in good condition. In some instances, a landlord and tenant may agree in writing that the tenant may perform certain routine maintenance tasks or repairs.
Check with the municipality in which the rental property is located to determine what additional responsibilities, if any, landlords may have regarding habitability.
Repairs, Recourse & Retaliation in Mississippi
If a rental property is in violation of the implied warranty of habitability in Mississippi, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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. Landlords have 14 days to make most repairs after getting proper written notice about an issue from the tenant.
Renter’s Rights if Repairs Aren’t Made in Mississippi
Mississippi renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait 14 days for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement, get a court order for repairs or compensation, or self-help for the repairs and deduct from the rent by following a special procedure. However, the renter usually can’t withhold rent. Read More
Landlord Retaliation in Mississippi
It’s illegal for Mississippi landlords to retaliate with raised rent, or any bad-faith action (potentially including eviction), against a tenant who has properly exercised rights under the Mississippi Residential Landlord-Tenant Act.
Tenants have the burden of proving the landlord’s bad faith or “dominant purpose of retaliation.” If the court agrees, the judge will cancel the landlord’s retaliatory actions. In severe cases, the tenant might also be able to claim constructive eviction and move out, ending the lease.
