Bill Text: MS SB2246 | 2018 | Regular Session | Introduced
Bill Title: Landlord-tenant law; revise.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2246 Detail]
Download: Mississippi-2018-SB2246-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Simmons (12th) (By Request)
Senate Bill 2246
AN ACT TO AMEND SECTION 89-8-23, MISSISSIPPI CODE OF 1972, TO ENACT CERTAIN SANCTIONS ON LANDLORDS WHO VIOLATE SPECIFIC DUTIES UNDER THE RESIDENTIAL LANDLORD-TENANT ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-8-23, Mississippi Code of 1972, is amended as follows:
89-8-23. (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, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.
(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.
(3) Subject to the provisions of Section 89-8-5, 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.
(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.
(5) If a violation of this section is not cured within thirty (30) days, the owner, manager or landlord shall be fined up to One Hundred Dollars ($100.00) per day for a first violation during a thirty-day period, Two Hundred Dollars ($200.00) per day for a second violation during a thirty-day period; or Three Hundred Dollars ($300.00) per day for a third violation during a thirty-day period. A person willfully making a false certification of correction of a violation shall be subject to a civil penalty of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00) for each violation falsely certified.
(6) Failure to provide heat and hot water when legally required can also result in the imposition of a penalty of Two Hundred Fifty Dollars ($250.00) per day. Hot water must be supplied at all times at a constant minimum of one hundred twenty (120) degrees between the hours of 6 a.m. and midnight. A penalty of a minimum of One Thousand Dollars ($1,000.00), plus Twenty-five Dollars ($25.00) per day for each day the violation continues, will be imposed for failure to keep the system which provides heat and hot water free of devices which impede its ability to meet its minimum.
(7) Owners, managers or landlords must submit to inspections of all properties conducted by designated officials on an annual basis.
(8) If the landlord fails to cure the conditions or violations, the tenant can also seek to punish the landlord with civil contempt or criminal contempt of court. In a contempt proceeding, the court may punish the landlord with fines or imprisonment or both.
(9) Any person who (a) willfully or recklessly violates any provisions of this section; or (b) willfully or recklessly violates, or fails to comply with, any requirement of an order of a department or agency; or (c) willfully makes, or causes any other person to make, any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this section, or on any application, or any accompanying document, for the granting of any permit or any other action by the department pursuant to this section, shall be guilty of a misdemeanor punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Thousand Dollars ($1,000.00) for each such violation, or by imprisonment up to one (1) year, or by both such fine and imprisonment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
