Mississippi Senate Bill 2626 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on March 1 2022 - 100% progression
Action: 2022-03-01 - Died In Committee
Text: Latest bill text (Engrossed) [HTML]

An Act To Enact The Comprehensive Landlord And Tenant Act; To Make Necessary Amendments To Title 89, Chapters 7 And 8 Of The Mississippi Code Of 1972, To Comply With A Federal Judicial Ruling; To Require Certain Disclosures To Be Made In The Summons Of An Eviction Action; To Inform The Tenant In The Summons That If The Judgment Of Possession Is Based On Nonpayment Of Rent, The Tenant Does Not Have To Move Out If The Tenant Pays All Unpaid Rent And Other Sums Awarded; To Inform The Tenant In The Summons That If The Tenant Does Not Move Out By The Court-ordered Date, The Tenant Shall Have A Certain Period Of Time After The Execution Of A Warrant Of Removal To Remove Personal Property That The Landlord Has Not Asserted A Lien Against; To Inform The Tenant That The Landlord May Dispose Of Any Personal Property Left At The Premises After The Period Of Time Afforded The Tenant; To Require That The Service Of Summons Be Made Pursuant To The Applicable Mississippi Rules Of Court; 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 Prefile For A Warrant Of Removal; To Require The Clerk To Immediately Notify The Sheriff Or Constable Of The Prefiling For A Warrant Of Removal; To Require The Landlord To Affirm To The Clerk That The Tenant Has Not Relinquished Possession Of The Rental Unit Or Tendered Full Payment To The Landlord After The Move-out Date Has Passed; To Require The Clerk To Issue The Warrant Of Removal Upon The Affirmation Of The Landlord; To Require The Sheriff Or Constable To Execute The Warrant Within An Expedited Timeframe If Notice Of The Prefiling Was Given; To Provide That A Landlord Has A Duty Of Good Faith To Accept The Tender Of Full Payment Prior To The Issuance Of The 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 Authorize The Landlord To Recover Possession Of A Rental Unit, Without A Breach Of The Peace, If The Tenant Or Any Other Person Regains Possession Of The Rental Unit During The Period Of 72 Hours Provided To The Tenant For The Removal Of Personal Property; To Provide A Procedure For The Subsequent Execution Of The Warrant Of Removal If Necessary; To Repeal Sections 89-7-31, 89-7-33, 89-7-35 And 89-7-41, Mississippi Code Of 1972, Which Govern The Issuance Of Summons, The Service Of Summons, The Issuance Of A Warrant Of Removal, And The Form Of Judgment In Actions For Eviction Of A Tenant; To Repeal Sections 89-7-1 Through 89-7-49, Mississippi Code Of 1972, Which Provide The Substantive Provisions Of Landlord Tenant Law In The State, On January 1, 2023; To Repeal Sections 89-8-1 Through 89-8-29, Mississippi Code Of 1972, Which Is The "residential Landlord And Tenant Act," On January 1, 2023; To Enact The Comprehensive Landlord And Tenant Act As A Separate Chapter Within Title 89; To Provide For Applicability Of The Chapter; To Define Terms; To Provide Jurisdiction For The Grant Of Relief And Enforcement Of Rights; To Provide That Every Duty Under This Chapter Imposes A Duty Of Good Faith; To Define When A Person Has Knowledge Of A Fact Under This Chapter; To Provide For Notice Under The Chapter; To Require Landlords To Make Certain Disclosures And To Provide Certain Information; To Require Tenant's To Make Certain Disclosures; To Provide General Provisions For A Fixed Term Tenancy; To Provide General Provisions For A Periodic Tenancy; To Provide General Provisions For Payment Of Rent; To Provide For The Effect Of An Unsigned Rental Agreement; To Prohibit Certain Rental Agreement Terms; To Provide For Landlord's And Tenant's Rights Without Notice To The Other Party Upon The Expiration Of A Term Rental Agreement; To Provide For Expiration Of A Periodic Tenancy Upon A Certain Notice; To Provide A Remedy For Landlord's Who Have A Tenant Hold Over Upon Expiration Of The Tenancy; To Provide For Attorney's Fee And Costs Under The Chapter; To Require The Landlord To Deliver Possession To The Tenant; To Prescribe The A Residential Landlord's Duties For Dwelling Units; To Provide For An Agreement Between A Landlord And A Tenant For The Tenant To Perform Certain Repairs; To Authorize A Landlord To Contract With An Agent; To Authorize A Residential Landlord To Adopt Written Rules Or Regulations Concerning Use Or Occupancy; To Require The Tenant To Give The Landlord Notice Of A Breach And An Opportunity To Remedy The Breach; To Provide The Tenant With Certain Remedies Upon The Noncompliance Of The Landlord; To Provide For A Limitation On Remedies If The Rental Unit Or Other Part Of The Premises Is Substantially Damaged Or Destroyed; To Provide The Tenant With Certain Remedies Upon The Material Noncompliance Of The Landlord; To Provide For The Termination Of The Rental Agreement Under Certain Circumstances; To Provide A Remedy For A Landlord's Failure To Deliver Possession To A Tenant; To Prescribe A Tenant's Duties For The Rental Unit; To Provide A Remedy For The Landlord When A Tenant Fails To Pay Rent Or Is In Material Noncompliance With The Rental Agreement Or This Chapter; To Authorize A Landlord To Deliver Notice Of The Immediate Termination Of The Tenancy With An Opportunity To Remedy The Breach If A Tenant Has Committed A Substantial Violation Of The Rental Agreement Or This Chapter, Has Threatened The Health Or Safety Of Others, Or Threatens Substantial Damage To The Premises; To Provide A Procedure For A Landlord, With The Assistance Of Law Enforcement, To Attain Temporary Possession Of The Rental Unit If A Tenant Has Committed A Substantial Violation Of The Rental Agreement Or This Chapter, Has Threatened The Health Or Safety Of Others, Or Threatens Substantial Damage To The Premises; To Provide For An Expedited Hearing Where The Landlord Has Attained Temporary Possession Of A Rental Unit Under This Chapter; To Abolish Distraint Or Distress For Rent For Residential Units; To Prohibit Liens On Residential Tenants' Property; To Provide For The Abandonment Of A Rental Unit By A Tenant; To Impose A Duty Of Mitigation On A Landlord Who Treats A Tenant's Abandonment Of A Fixed Term Rental Agreement As A Breach; To Provide That A Landlord Is Entitled To Reasonable Access To A Dwelling Unit; To Prohibit A Tenant From Unreasonably Refusing Entry; To Provide A Landlord A Remedy For Unreasonable Refusal Of Entry; To Create A Procedure To Be Followed Upon The Death Of A Tenant Of A Dwelling Unit Or Mobile Home Lot; To Reenact The Derrick Beard Act, Which Is The Act That Governs The Termination Of A Rental Agreement By A Co-signer Upon The Death Of A Lessee; To Create A Procedure For The Disposition Of A Tenant's Personal Property Within A Dwelling Unit; To Create A Procedure For The Disposition Of A Tenant's Personal Property From A Mobile Home Lot; To Create A Procedure For The Removal Of Personal Property Of A Deceased Tenant By A Tenant Representative; To Create A Procedure For The Disposition Of The Personal Property Of A Deceased Tenant Without A Tenant Representative; To Require A Landlord To Return The Security Deposit And Any Unearned Rent Within A Certain Period After The Termination Of The Rental Agreement; To Authorize The Landlord To Withhold Any Amounts From The Security Deposit Or Unearned Rent In Good Faith; To Provide For A Landlord's Remedies To Gain Possession Of A Rental Unit Without Seeking An Eviction; To Prohibit A Landlord From Performing Certain Actions; To Provide When Eviction Is Allowed Under This Chapter; To Prescribe Certain Documents To Be Filed To Commence An Eviction; To Prohibit The Court From Requiring A Landlord To File The Rental Agreement; To Authorize A Court To Treat A Tenancy As A Periodic Tenancy Where The Landlord Fails To Provide The Court With A Copy Of The Rental Agreement; To Provide For An Expedited Hearing Date Where A Landlord Requests A Judgment Of Possession Only; To Require The Clerk To Notice The Landlord Of Certain Information Upon Filing Of An Action; To Require That The Issuance And Service Of Summons Be Made Pursuant To The Applicable Mississippi Rules Of Court; To Require Certain Disclosures To Be Made In The Summons; To Inform The Tenant In The Summons That If The Judgment Of Possession Is Based On Nonpayment Of Rent, The Tenant Does Not Have To Move Out If The Tenant Pays All Unpaid Rent And Other Sums Awarded; To Inform The Tenant Of A Dwelling Unit In The Summons That If The Tenant Does Not Move Out By The Court-ordered Date, The Tenant Shall Have A Certain Period Of Time After The Execution Of A Warrant Of Removal To Remove Personal Property; To Inform The Tenant Of A Dwelling Unit That The Landlord May Dispose Of Any Personal Property Left At The Premises After The Period Of Time Afforded The Tenant Of The Dwelling Unit; To Inform The Tenant Of A Commercial Unit In The Summons That If The Tenant Does Not Move Out By The Court-ordered Date, The Tenant Shall Have A Certain Period Of Time After The Execution Of A Warrant Of Removal To Remove Personal Property That The Landlord Has Not Asserted A Lien Against; To Inform The Tenant Of A Commercial Unit That The Landlord May Dispose Of Any Personal Property Left At The Premises After The Period Of Time Afforded The Tenant; To Provide For A Default Judgment When The Tenant Does Not Appear; To Provide For A Mandatory Judgment For The Landlord When The Tenant Does Not Present A Valid Defense; To Provide For Certain Continuances; 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 Prefile For A Warrant Of Removal; To Require The Clerk To Immediately Notify The Sheriff Or Constable Of The Prefiling For A Warrant Of Removal; To Require The Landlord To Affirm To The Clerk That The Tenant Has Not Relinquished Possession Of The Rental Unit Or Tendered Full Payment To The Landlord After The Move-out Date Has Passed; To Require The Clerk To Issue The Warrant Of Removal Upon The Affirmation Of The Landlord; To Require The Sheriff Or Constable To Execute The Warrant Within An Expedited Timeframe If Notice Of The Prefiling Was Given; To Provide That A Landlord Has A Duty Of Good Faith To Accept The Tender Of Full Payment Prior To The Issuance Of The 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 Authorize The Landlord To Recover Possession Of A Rental Unit, Without A Breach Of The Peace, If The Tenant Or Any Other Person Regains Possession Of The Rental Unit During The Period Of 72 Hours Provided To The Tenant For The Removal Of Personal Property; To Provide A Procedure For The Subsequent Execution Of The Warrant Of Removal If Necessary; To Provide A Remedy Against A Tenant Who Willfully Damages A Rental Unit During An Eviction; To Authorize Governmental Authorities To Contract With Qualified Tenant Management Organizations; To Require A Court In Eviction Proceedings To Preserve Certain Filings; To Provide That Appeals From Final Judgments Under This Chapter Shall Be Pursuant To Applicable Mississippi Rules Of Court; To Create A New Code Section In Title 75, Chapter 73, Mississippi Code Of 1972, To Govern The Relationship Of Campground Owners And Guests Of A Campground; And For Related Purposes.

Comprehensive Landlord and Tenant Act; enact.

Sen. Chris Johnson [R]

2022-02-09 - Senate - Senate Passed (Y: 48 N: 0 NV: 4 Abs: 0) [PASS]

Date	Chamber	Action
2022-03-01	House	Died In Committee
2022-02-10	House	Referred To Judiciary A
2022-02-10	Senate	Transmitted To House
2022-02-09	Senate	Passed
2022-02-09	Senate	Committee Substitute Adopted
2022-02-01	Senate	Title Suff Do Pass Comm Sub
2022-01-17	Senate	Referred To Judiciary, Division A

Chapter	Article	Section	Citation Type	Statute Text
89	7	1	Repealed Code	See Bill Text
89	7	31	Repealed Code	See Bill Text
89	7	33	Repealed Code	See Bill Text
89	7	35	Repealed Code	See Bill Text
89	7	41	Repealed Code	See Bill Text
89	7	49	Repealed Code	See Bill Text
89	8	1	Repealed Code	See Bill Text
89	8	29	Repealed Code	See Bill Text

Type	Source
Summary	https://billstatus.ls.state.ms.us/2022/pdf/history/SB/SB2626.xml
Text	https://billstatus.ls.state.ms.us/documents/2022/html/SB/2600-2699/SB2626IN.htm
Text	https://billstatus.ls.state.ms.us/documents/2022/html/SB/2600-2699/SB2626CS.htm
Text	https://billstatus.ls.state.ms.us/documents/2022/html/SB/2600-2699/SB2626PS.htm
Roll Call	https://billstatus.ls.state.ms.us/2022/pdf/votes/senate/0370051.pdf