MS SB2461 | 2022 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Passed on April 21 2022 - 100% progression
Action: 2022-04-21 - Approved by Governor
Text: Latest bill text (Enrolled) [HTML]

Summary

An Act To Create Procedures And Protections For Residential Evictions Within The Residential Landlord And Tenant Act; To Create New Section 89-8-31, Mississippi Code Of 1972, To Proscribe When A Landlord May Commence Proceedings To Evict A Tenant; To Create New Section 89-8-33, Mississippi Code Of 1972, To Proscribe Certain Documents To Be Filed To Commence An Eviction; To Create New Section 89-8-35, Mississippi Code Of 1972, To Provide For The Issuance Of Summons; To Require Certain Disclosures To Be Made In The Summons Including The Fact That The Tenant Shall Have A Certain Period Of Time After The Execution Of A Warrant Of Removal To Remove Personal Property; To Create New Section 89-8-37, Mississippi Code Of 1972, To Require The Court To Grant A Judgment To The Landlord Where The Landlord Is Otherwise Entitled To A Judgment Under Law And Either The Tenant Failed To Appear Or The Judge Finds That The Tenant Failed To Present A Valid Defense Or Counterclaim; To Provide That Judgments Granted In Eviction Actions Shall Be Signed And Executed On The Same Business Day That The Judgment Is Granted; To Create New Section 89-8-39, Mississippi Code Of 1972, To Require The Judge To Order The Tenant To Vacate The Premises By A Certain Date If A Judgment Of Possession Is Granted To The Landlord; To Provide That Prior To The Date To Vacate Set By The Judge The Tenant Shall Have The Same Access To The Premises As Previously Allowed Under The Terms Of The Rental Agreement; To Authorize The Landlord To Request A Warrant Of Removal; To Require The Landlord To Provide The Tenant With Reasonable Access For A Certain Period To The Dwelling Unit To Retrieve Personal Property After The Execution Of The Warrant; To Provide That A Judge Shall Not Issue A Warrant Of Removal If The Tenant Has Paid The Sums Owed To The Landlord In Cases Of A Judgment Of Possession For Failure To Pay Rent; To Create New Section 89-8-41, Mississippi Code Of 1972, To Provide For Continuances; To Create New Section 89-8-43, Mississippi Code Of 1972, To Provide That Appeals From A Final Judgment Shall Be Pursuant To Applicable Mississippi Rules Of Court; To Create New Section 89-8-45, Mississippi Code Of 1972, To Provide That A Landlord May Charge The Tenant Double The Rent For The Time That The Tenant Continues In Possession Of The Premises Following The Date To Vacate; To Amend Section 89-8-11, Mississippi Code Of 1972, To Require Rules And Regulations To Be Written; To Amend Section 89-8-13, Mississippi Code Of 1972, To Provide A Certain Time Period For A Tenant To Quit The Premises If The Material Noncompliance By The Tenant Is The Nonpayment Of Rent Pursuant To The Rental Agreement; To Amend Section 89-8-19, Mississippi Code Of 1972, To Clarify That Notice To Terminate The Tenancy Shall Not Be Required When The Landlord Or Tenant Has Committed A Substantial Violation Of The Rental Agreement Of This Chapter That Materially Affects Health Or Safety; To Amend Section 89-7-29, Mississippi Code Of 1972, To Proscribe Certain Documents To Be Filed To Commence An Eviction For Premises Or Other Lands That Are Not Dwelling Units; To Require The Landlord To Identify Any Items Of Tenant Property Located At The Premises As To Which The Landlord Asserts A Valid Lien; To Amend Sections 89-7-27, 89-7-31 And 89-7-33, Mississippi Code Of 1972, To Conform; To Create New Section 89-7-34, Mississippi Code Of 1972, To Require The Court To Grant A Judgment To The Landlord Where The Landlord Is Otherwise Entitled To A Judgment Under Law And Either The Tenant Failed To Appear Or The Judge Finds That The Tenant Failed To Present A Valid Defense Or Counterclaim; To Provide That Judgments Granted In Eviction Actions Shall Be Signed And Executed On The Same Business Day That The Judgment Is Granted; To Amend Sections 89-7-35, 89-7-37, 89-7-39, 89-7-43, 89-7-47, 89-8-3, 89-8-7, 89-8-9, 89-8-15 And 89-8-17, Mississippi Code Of 1972, To Conform; To Repeal Sections 89-7-41 And 89-7-45, Mississippi Code Of 1972, Which Govern The Disposition Of Tenant Personal Property And When A Warrant Of Removal May Issue; And For Related Purposes.

Tracking Information

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Title

Landlord-tenant law; revise provisions of to create procedures and protection for evictions.

Sponsors


Roll Calls

2022-03-30 - Senate - Senate Conference Report Adopted (Y: 50 N: 0 NV: 2 Abs: 0) [PASS]
2022-03-29 - House - House Conference Report Adopted (Y: 121 N: 0 NV: 1 Abs: 0) [PASS]
2022-03-08 - House - House Passed As Amended (Y: 113 N: 7 NV: 2 Abs: 0) [PASS]
2022-02-09 - Senate - Senate Passed (Y: 52 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2022-04-21 Approved by Governor
2022-04-04HouseEnrolled Bill Signed
2022-04-04SenateEnrolled Bill Signed
2022-03-30SenateConference Report Adopted
2022-03-29HouseConference Report Adopted
2022-03-28HouseConference Report Filed
2022-03-28SenateConference Report Filed
2022-03-24HouseConferees Named Cockerham,Felsher,Deweese
2022-03-17SenateConferees Named Wiggins,Barrett,McCaughn
2022-03-10SenateDecline to Concur/Invite Conf
2022-03-09HouseReturned For Concurrence
2022-03-08HousePassed As Amended
2022-03-08HouseAmended
2022-02-23HouseTitle Suff Do Pass
2022-02-10HouseReferred To Judiciary A
2022-02-10SenateTransmitted To House
2022-02-09SenatePassed
2022-02-09SenateCommittee Substitute Adopted
2022-02-01SenateTitle Suff Do Pass Comm Sub
2022-01-17SenateReferred To Judiciary, Division A

Code Citations

ChapterArticleSectionCitation TypeStatute Text
89727Amended CodeSee Bill Text
89729Amended CodeSee Bill Text
89731Amended CodeSee Bill Text
89733Amended CodeSee Bill Text
89735Amended CodeSee Bill Text
89737Amended CodeSee Bill Text
89739Amended CodeSee Bill Text
89741Repealed CodeSee Bill Text
89743Amended CodeSee Bill Text
89745Repealed CodeSee Bill Text
89747Amended CodeSee Bill Text
89811Amended CodeSee Bill Text
89813Amended CodeSee Bill Text
89815Amended CodeSee Bill Text
89817Amended CodeSee Bill Text
89819Amended CodeSee Bill Text
8983Amended CodeSee Bill Text
8987Amended CodeSee Bill Text
8989Amended CodeSee Bill Text

Mississippi State Sources

TypeSource
Summaryhttps://billstatus.ls.state.ms.us/2022/pdf/history/SB/SB2461.xml
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2400-2499/SB2461IN.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2400-2499/SB2461CS.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2400-2499/SB2461PS.htm
Texthttps://billstatus.ls.state.ms.us/documents/2022/html/SB/2400-2499/SB2461SG.htm
Amendmenthttps://billstatus.ls.state.ms.us/documents/2022/html/ham/SB2461_H_Amend_01.htm
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/senate/0370036.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/house/0640054.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/house/0850039.pdf
Roll Callhttps://billstatus.ls.state.ms.us/2022/pdf/votes/senate/0860057.pdf

Bill Comments

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