Renter's Rights in Mississippi
The Mississippi Residential Landlord and Tenant Act requires landlords to comply with the state's housing laws. Under the Mississippi Landlord and Tenant Act, landlords may not require their tenants to waive their legal protections, and courts will not uphold waivers as against public policy. Landlords may not incorporate waiver, confession of judgment or other exculpatory or limitation of liability language into their lease agreements.
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Security Deposits
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Under Section 89-8-21 of the Landlord and Tenant Act, landlords can collect security deposits from their tenants and deduct reasonable costs associated with repairs and damages. Landlords may deduct fees for nonpayment of rent, damages beyond ordinary wear and tear and cleaning fees. They must provide written statements itemizing their deductions and return all remaining security deposits within 45 days of vacancy. Landlords may have to pay actual damage costs to their tenants for failing to comply with their security deposit obligations, and landlords may be subject to an additional $200 bad-faith damage award.
Repair and Deduct Remedy
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Under Section 89-8-15 of the Act, tenants have rights to repair damages and deduct the costs of those repairs from their rent payments. To use this remedy, tenants must provide at least 30 days' written notice of necessary repairs to their landlords. After 30 days, tenants may proceed with repairing the defects and receive reimbursement for repair costs. To receive reimbursement, tenants must provide bills and proof of payment to their landlords. Tenants may not accrue expenses that total more than one month of rent, and they are limited to reasonable repair costs. Landlords have 45 days to reimburse their tenants or tenants may deduct the costs of repairs from their future rent payments.
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Warranty of Habitability
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The aftermath of Hurricane Katrina created a residential housing shortage of available apartments. To provide renters with legal protections against unscrupulous landlords attempting to take advantage of the housing crisis, the Attorney General's Office enforces the state's warranty of habitability laws. Under the Mississippi Landlord and Tenant Act, landlords must comply with local building and housing safety codes, make necessary repairs and must provide adequate heat and air conditioning, if provided at the beginning of the lease term. However, landlords in Mississippi have no legal duty to repair defects caused by a tenant's own negligence.
Nonpayment of Rent
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Landlords must provide their tenants with at least three days of written notice before terminating their lease agreements. Tenants have three days to cure their deficiencies by paying their entire delinquency. After three days, landlords can terminate their lease agreements by ordering tenants to leave or force a judicial eviction. For any other material breach of the lease agreement, either landlord or tenant may terminate the lease agreement by providing the other party with a 30-day written notice of termination. The 30-day notice must outline the reasons for termination and opportunity to cure the breach within 30 days. If the breaching party cures the breach, then the lease can continue until the end of the lease period.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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