Bill Text: MS SB2375 | 2023 | Regular Session | Introduced
Bill Title: Mississippi Rental Purchase Agreement Act and Residential Landlord Tenant Act; bring forward provisions related to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SB2375 Detail]
Download: Mississippi-2023-SB2375-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Johnson
Senate Bill 2375
AN ACT TO BRING FORWARD SECTIONS 75-24-151, 75-24-153, 75-24-155, 75-24-157, 75-24-159, 75-24-161, 75-24-163, 75-24-165, 75-24-167, 75-24-169, 75-24-171, 75-24-173 AND 75-24-175 MISSISSIPPI CODE OF 1972, WHICH IS THE MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 89-8-1, 89-8-3, 89-8-5, 89-8-7, 89-8-9, 89-8-11, 89-8-13, 89-8-15, 89-8-17, 89-8-19, 89-8-21, 89-8-23, 89-8-25, 89-8-27, 89-8-29, 89-8-31, 89-8-33, 89-8-35, 89-8-37, 89-8-39, 89-8-41, 89-8-43 AND 89-8-45, MISSISSIPPI CODE OF 1972, WHICH IS THE RESIDENTIAL LANDLORD TENANT ACT, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-24-151, Mississippi Code of 1972, is brought forward as follows:
75-24-151. Sections 75-24-151 through 75-24-175 shall be known and may be cited as the Mississippi Rental-Purchase Agreement Act.
SECTION 2. Section 75-24-153, Mississippi Code of 1972, is brought forward as follows:
75-24-153. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Advertisement" means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.
(b) "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement.
(c) "Consumer" means a natural person who rents personal property under a rental-purchase agreement to be used primarily for personal, family or household purposes.
(d) "Consummation" means the time a consumer becomes contractually obligated on a rental-purchase agreement.
(e) "Lessor" means a person who regularly provides the use of property through rental-purchase agreements and to whom periodic rental payments are initially payable on the face of the rental-purchase agreement.
(f) "Rental-Purchase Agreement" means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property.
SECTION 3. Section 75-24-155, Mississippi Code of 1972, is brought forward as follows:
75-24-155. (1) Rental-purchase agreements as defined in Sections 75-24-151 through 75-24-175 are not governed by the laws relating to:
(a) A consumer credit sale as defined in Section 75-66-1(2);
(b) Loans, interest, finance charges, credit or installment sales as those terms are used in Mississippi statutes;
(c) A security interest as defined in Section 75-1-201 of the Uniform Commercial Code.
(2) Sections 75-24-151 through 75-24-175 do not apply to the following:
(a) Rental-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(b) A lease of a safe deposit box;
(c) A lease or bailment of personal property which is incidental to the lease of real property and which provides that the consumer has no option to purchase the leased property; or
(d) A lease of an automobile.
SECTION 4. Section 75-24-157, Mississippi Code of 1972, is brought forward as follows:
75-24-157. (1) The lessor shall disclose to the consumer the information required by Sections 75-24-151 through 75-24-175. In a transaction involving more than one lessor, only one (1) lessor need make the disclosures, but all lessors shall be bound by such disclosures.
(2) The disclosures shall be made at or before consummation of the rental-purchase agreement.
(3) The disclosures shall be made clearly and conspicuously in writing and a copy of the rental-purchase agreement provided to the consumer. The disclosures required under Section 75-24-159 shall be made on the face of the contract above the line for the consumer's signature.
(4) If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of Sections 75-24-151 through 75-24-175.
SECTION 5. Section 75-24-159, Mississippi Code of 1972, is brought forward as follows:
75-24-159. For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:
(a) Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment, and the total number and dollar amount of all periodic payments necessary to acquire ownership of the property;
(b) A statement that the consumer will not own the property until the consumer has paid the total amount necessary to acquire ownership;
(c) A statement advising the consumer whether the consumer is liable for loss or damage to the property, and, if so, a statement that such liability will not exceed the fair market value of the property as of the time it is lost or damaged;
(d) A brief description of the rental property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of Sections 75-24-151 through 75-24-175;
(e) A statement of the cash price of the property. Where the agreement involves a rental of two (2) or more items as a set, in one (1) agreement, a statement of the aggregate cash price of all items shall satisfy this requirement;
(f) The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;
(g) A statement that the total of payments does not include other charges, such as delivery, in-home collection, pickup and reinstatement fees, which fees shall be separately disclosed in the contract;
(h) A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased;
(i) A statement identifying the party responsible for maintaining or servicing the property while it is being rented, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the rental property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(j) The date of the transaction and the identities of the lessor and consumer;
(k) A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any rental term along with any past due rental payments; and
(l) Notice of the right to reinstate an agreement as herein provided.
SECTION 6. Section 75-24-161, Mississippi Code of 1972, is brought forward as follows:
75-24-161. A rental-purchase agreement may not contain:
(a) A confession of judgment;
(b) A negotiable instrument;
(c) A security interest or any other claim of a property interest in any property except that property delivered by the lessor pursuant to the rental-purchase agreement;
(d) A wage assignment;
(e) A waiver by the consumer of claims or defenses;
(f) A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises without permission or to commit any breach of the peace in the repossession of property;
(g) A provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement in addition to a reinstatement fee; however, a lessor may use the term "late charge" or a similar term to refer to a reinstatement fee; or
(h) A provision for more than one (1) reinstatement fee on any one (1) periodic payment regardless of the period of time for which it remains unpaid.
SECTION 7. Section 75-24-163, Mississippi Code of 1972, is brought forward as follows:
75-24-163. (1) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of the following charges within five (5) days of the renewal date of an agreement with monthly periodic payments or within two (2) days of the renewal date of an agreement with periodic payments more frequently than monthly:
(a) All past due rental charges;
(b) If the goods have been picked up, the reasonable costs of pickup and redelivery; and
(c) Any applicable reinstatement fee.
(2) In the case of a consumer who has paid less than two-thirds (⅔) of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than twenty-one (21) days after the date of the return of the property.
(3) In the case of a consumer who has paid two-thirds (⅔) or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than forty-five (45) days after the date of the return of the property.
(4) Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
SECTION 8. Section 75-24-165, Mississippi Code of 1972, is brought forward as follows:
75-24-165. A lessor shall provide the consumer a written receipt for any payment made.
SECTION 9. Section 75-24-167, Mississippi Code of 1972, is brought forward as follows:
75-24-167. (1) A renegotiation occurs when any term of rental-purchase agreement that is required to be disclosed by Section 75-24-159 is changed by agreement between the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all the disclosures required by Section 75-24-159.
(2) A renegotiation shall not include any of the following:
(a) Reinstatement of a rental-purchase agreement in accordance with Section 75-24-163;
(b) A lessor's waiver or failure to assert any claim against the consumer;
(c) A deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments; or
(d) A change, made at the consumer's request, of the date of the week or month on which periodic payments are to be made.
SECTION 10. Section 75-24-169, Mississippi Code of 1972, is brought forward as follows:
75-24-169. (1) If an advertisement for a rental-purchase agreement refers to or states the dollar amount of the periodic payment for a specific item and refers to or states that the consumer has the right to acquire ownership of that item, the advertisement shall also clearly and conspicuously state the following, as applicable:
(a) That the transaction advertised is a rental-purchase agreement;
(b) The total number of payments necessary to acquire ownership of the item; and
(c) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(2) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
(3) The provisions of subsection (1) of this section shall not apply to an advertisement which does not refer to or state the amount of any payment or which is published in the yellow pages of a telephone directory or in any similar directory of business.
SECTION 11. Section 75-24-171, Mississippi Code of 1972, is brought forward as follows:
75-24-171. (1) A lessor who fails to comply with the requirements of Sections 75-24-151 through 75-24-175 is liable to the consumer damaged thereby in an amount equal to the greater of:
(a) The actual damages sustained by the consumer as a result of the lessor's failure to comply with Sections 75-24-151 through 75-24-175;
(b) Twenty-five percent (25%) of the total of payments necessary to acquire ownership, but not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00); or
(c) Such lessor is also liable to the consumer for the costs of the action and reasonable attorney's fees as determined by the court.
(2) A consumer may not take any action to offset the amount for which a lessor is potentially liable under subsection (1) of this section against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a consumer then in default on an obligation from asserting a violation of Sections 75-24-151 through 75-24-175 as an original action, or as a defense or counterclaim, to an action brought by a lessor against the consumer.
(3) The provisions of Sections 75-24-151 through 75-24-175 are cumulative with any other rights or remedies available in this state.
(4) No action under this section may be brought in any court of competent jurisdiction more than one (1) year after the date the consumer made his last rental payment or more than one (1) year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.
SECTION 12. Section 75-24-173, Mississippi Code of 1972, is brought forward as follows:
75-24-173. (1) If a lessor establishes by a preponderance of evidence that a violation of Sections 75-24-151 through 75-24-175 was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in Section 75-24-171 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors but do not include an error of legal judgment with respect to a lessor's obligations under Sections 75-24-151 through 75-24-175.
(2) A lessor has no liability under this section for any failure to comply with any requirement imposed under Sections 75-24-151 through 75-24-175 if within sixty (60) days after discovering an error, and prior to the institution of an action under Sections 75-24-151 through 75-24-175 or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to correct the error.
SECTION 13. Section 75-24-175, Mississippi Code of 1972, is brought forward as follows:
75-24-175. Each provision of a contract under Sections 75-24-151 through 75-24-175 shall contain a provision to be signed or initialed by the lessee.
SECTION 14. Section 89-8-1, Mississippi Code of 1972, is brought forward as follows:
89-8-1. This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act."
SECTION 15. Section 89-8-3, Mississippi Code of 1972, is brought forward as follows:
89-8-3. (1) This chapter shall apply to, regulate and determine rights, obligations and remedies under any rental agreement entered into after July 1, 1991, wherever made, for a dwelling unit located within this state. Any rights, obligations, or remedies at law or in equity not prohibited by this chapter remain available to residential landlords and tenants.
(2) The following arrangements are not governed by this chapter:
(a) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest;
(c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel, motel or lodgings;
(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(f) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes or when the occupant is performing agricultural labor for the owner and the premises are rented for less than fair rental value.
SECTION 16. Section 89-8-5, Mississippi Code of 1972, is brought forward as follows:
89-8-5. In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this chapter, except as otherwise provided by this chapter. No rental agreement may provide that the tenant or the landlord:
(a) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or
(b) Agrees to the exculpation or limitation of any liability of the landlord arising as a result of the landlord's willful misconduct or the costs connected therewith.
SECTION 17. Section 89-8-7, Mississippi Code of 1972, is brought forward as follows:
89-8-7. (1) As used in this chapter, the following terms shall have the meaning ascribed herein unless the context requires otherwise:
(a) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.
(b) "Court" means a justice court, a county court or a circuit court.
(c) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.
(d) "Good faith" means honesty in fact in the conduct of the transaction concerned and observation of reasonable community standards of fair dealing.
(e) "Judge" means a justice court judge, a county court judge or a circuit court judge.
(f) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, or the agent representing such owner, lessor or sublessor.
(g) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.
(h) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.
(i) "Premises" means a dwelling unit and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.
(j) "Possession judgment" means a judgment granting the landlord exclusive possession of the premises pursuant to this chapter.
(k) "Rent" means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant.
(l) "Rental agreement" means all written or oral agreements for a dwelling unit located within this state that are subject to this chapter.
(m) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
(n) "Qualified tenant management organizations" means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this section and which is able to conform to standards set by the United States Department of Housing and Urban Development as capable of satisfactorily performing the operational and management functions delegated to it by the contract.
(2) For purposes of giving any notice required under this chapter, notice given to the agent of the landlord is equivalent to giving notice to the landlord. The landlord may contract with an agent to assume all the rights and duties of the landlord under this chapter; provided, however, that such a contract does not relieve the landlord of ultimate liability in regard to such rights and duties.
SECTION 18. Section 89-8-9, Mississippi Code of 1972, is brought forward as follows:
89-8-9. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter, including the landlord's termination of a tenancy or the nonrenewal of a rental agreement or the removal of a tenant from the premises, imposes an obligation of good faith in its performance or enforcement.
SECTION 19. Section 89-8-11, Mississippi Code of 1972, is brought forward as follows:
89-8-11. (1) A landlord may, from time to time, adopt written rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:
(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They apply to all tenants in the premises in a fair manner;
(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform what must or must not be done to comply;
(e) They are not for the purpose of evading the obligations of the landlord.
(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement.
(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply with the bylaws of the association of the apartment owners; and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.
(4) Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit.
SECTION 20. Section 89-8-13, Mississippi Code of 1972, is brought forward as follows:
89-8-13. (1) If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set forth herein or resort to any other remedy at law or in equity not prohibited by this chapter.
(2) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity not prohibited by this chapter.
(3) The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate;
(b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days' notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement;
(c) A party may not terminate for a condition caused by that party's own deliberate or negligent act or omission or an act or omission by a family member or other person on the premises when done with the consent of the party.
(4) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.
(5) (a) If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days.
(b) Any judge presiding over a hearing in which a landlord seeks to evict a tenant for the nonpayment of rent shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant.
(6) The parties' obligations regarding a tenant's personal property, including any manufactured home, shall be governed by Section 89-8-39.
SECTION 21. Section 89-8-15, Mississippi Code of 1972, is brought forward as follows:
89-8-15. (1) If, within thirty (30) days after written notice to the landlord of a specific and material defect which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant:
(a) May repair the defect; and
(b) Except as otherwise provided in subsection (2) of this section, shall be entitled to reimbursement of the expenses of such repairs within forty-five (45) days after submission to the landlord of receipted bills for such work, provided that:
(i) The tenant has fulfilled the obligations required under Section 89-8-25;
(ii) The expenses incurred in making the repairs do not exceed an amount equal to one (1) month's rent;
(iii) The tenant has not exercised the remedy provided by this section in the six (6) months immediately preceding; and
(iv) The tenant is current in rental payments.
(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an amount greater than the usual and customary charge for such repairs.
(3) Before correcting a condition affecting facilities shared by more than one (1) dwelling unit, the tenant shall notify all other tenants sharing such facilities of the plans for the repairs and shall so arrange the work as to create the least practicable inconvenience to the other tenants.
(4) The cost of repairs made by a tenant pursuant to this section may be offset against future rent.
(5) No provision of this section shall be construed to grant a lien against the real property.
SECTION 22. Section 89-8-17, Mississippi Code of 1972, is brought forward as follows:
89-8-17. (1) A rental agreement that fixes a definite term expires on the date stated in the rental agreement.
(2) Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the expiration of a rental agreement, provide notice to the tenant in writing, or by email or text message, if the tenant has agreed to be notified by email or text message, specifying that the tenant is holding over after expiration of the rental agreement and that the landlord will commence eviction proceedings no earlier than three (3) days after such notice is provided. The landlord may also demand an increase in rent after the expiration of the rental agreement if such actions by the landlord did not have the dominant purpose of retaliation against the tenant for his actions authorized under this chapter and the landlord received written notice of each condition which was the subject of such actions of the tenant.
SECTION 23. Section 89-8-19, Mississippi Code of 1972, is brought forward as follows:
89-8-19. (1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month.
(2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date.
(3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.
(4) Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety.
SECTION 24. Section 89-8-21, Mississippi Code of 1972, is brought forward as follows:
89-8-21. (1) Any payment or deposit of money, the primary function of which is to secure the performance of a rental agreement or any part of such an agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement shall be governed by the provisions of this section.
(2) Any such payment or deposit of money shall be held by the landlord for the tenant who is a party to such agreement. The claim of a tenant to such payment or deposit shall be governed by the provisions of this section. The claim of a tenant to such payment or deposit shall be prior to the claim of any creditor of the landlord.
(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.
(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section and with absence of good faith, may subject the landlord or his transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages.
SECTION 25. Section 89-8-23, Mississippi Code of 1972, is brought forward 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.
SECTION 26. Section 89-8-25, Mississippi Code of 1972, is brought forward as follows:
89-8-25. A tenant shall:
(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;
(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition permits;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;
(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;
(g) Inform the landlord of any condition of which he has actual knowledge which may cause damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;
(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.
SECTION 27. Section 89-8-27, Mississippi Code of 1972, is brought forward as follows:
89-8-27. Any county, municipality, regional housing authority or local housing authority in the state may make application to and contract with qualified tenant management organizations for the operation and management of housing projects of the authority as a means of reducing vacancies, reducing administrative costs and creating jobs from the establishment of maintenance teams. Such counties, municipalities, regional housing authorities or local housing authorities shall have the authority to sell public housing units to such tenant management organizations, provided that such sale is in compliance with any applicable federal laws and regulations and any applicable state laws and regulations.
SECTION 28. Section 89-8-29, Mississippi Code of 1972, is brought forward as follows:
89-8-29. (1) This section shall be known and may be cited as the "Derrick Beard Act."
(2) Any cosigner of a lease of a residential premises may terminate, and is presumed to have terminated, the lease before its expiration date upon the death of the lessee or, if there is more than one (1) lessee, upon the death of all lessees. The cosigner must provide notice to the lessor within thirty (30) days of the death of the lessee, or upon the death of all the lessees, if he or she chooses not to terminate the lease.
(3) The termination of a lease under this section shall not relieve the lessee's estate or lessee's cosigner from liability for:
(a) The payment of rent or other sums owed before the lessee's death or the death of all lessees;
(b) The payment of rent or other sums owed for the remainder of the month or other thirty-day period during which the death occurred; or
(c) The payment of amounts necessary to restore the premises to its condition at the commencement of the tenancy, ordinary wear and tear excepted.
(4) Any attempted waiver by a lessor and lessee or lessee's cosigner, by contract or otherwise, of the right of termination provided by this section shall be void and unenforceable.
(5) The provisions of this section shall apply to leases entered into or renewed from and after July 1, 2011.
SECTION 29. Section 89-8-31, Mississippi Code of 1972, is brought forward as follows:
89—8-31. A landlord may commence proceedings to evict a tenant:
(a) For breach of the rental agreement or for violation of this chapter pursuant to Section 89-8-13; or
(b) For failing to vacate after the expiration of the rental agreement pursuant to Sections 89-8-17 and 89-8-19.
SECTION 30. Section 89-8-33, Mississippi Code of 1972, is brought forward as follows:
89-8-33. To commence an eviction under Section 89-8-31, the landlord shall file:
(a) A sworn affidavit or complaint, based upon the terms of the rental agreement, that:
(i) States the facts requiring the removal of the tenant;
(ii) Identifies the address of the dwelling unit and, if applicable, the amount of rent and any additional fees owed; and
(b) (i) A copy of the written notice of breach delivered to the tenant pursuant to Section 89-8-13; or
(ii) A copy of the written notice to terminate the tenancy delivered to the tenant pursuant to Sections 89-8-17 and 89-8-19.
SECTION 31. Section 89-8-35, Mississippi Code of 1972, is brought forward as follows:
(2) In addition to the information required by subsection (1) of this section and the applicable Mississippi Rules of Court, the summons shall state:
"You are being sued for eviction. At the eviction hearing, the judge will determine if the landlord is entitled to possession of your rental unit.
If the landlord is granted possession of the rental unit, then you will have at least seven (7) days from the date of the judgment to move out, unless a shorter or longer period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.
If the landlord seeks possession based on nonpayment of rent, you do not have to move out if you pay all the sums owed to the landlord either before the eviction hearing or, afterwards, by the court-ordered move-out date.
If you move out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.
If you do not move out by the date and time ordered by the court, the landlord can have you removed by law enforcement, after which you will have seventy-two (72) hours to remove your belongings.
After seventy-two (72) hours, the landlord may remove any personal property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord. You may still retrieve your personal property, but the landlord will have no obligation to preserve the personal property upon removal."
(3) Service of summons shall be pursuant to applicable Mississippi Rules of Court.
SECTION 32. Section 89-8-37, Mississippi Code of 1972, is brought forward as follows:
89-8-37. (1) In eviction actions, the court shall grant a default judgment to the landlord where:
(a) The landlord complies with Section 89-8-33;
(b) Issuance and service of summons is proper;
(c) The tenant fails to appear; and
(d) The landlord is otherwise entitled to a judgment under law.
(2) In eviction actions, the court shall grant judgment to the landlord where:
(a) The landlord complies with Section 89-8-33;
(b) The judge finds that the tenant failed to present a valid defense or counterclaim; and
(c) The landlord is otherwise entitled to a judgment under law.
(3) In eviction actions, judgments granted by the court shall be signed and executed on the same business day that the judgment is granted.
SECTION 33. Section 89-8-39, Mississippi Code of 1972, is brought forward as follows:
89-8-39. (1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than seven (7) days from the date of the judgment, include, but are not limited to:
(a) The tenant has committed a substantial violation of the rental agreement or of this chapter that materially affects health or safety; or
(b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.
Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. If the tenant moves out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.
(2) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (4) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof.
(3) After the warrant for removal has been executed, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours to enable the tenant to remove the tenant's personal property, including any manufactured home. If the tenant moves out within seventy-two (72) hours of the execution of the warrant of removal, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. After said seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord.
(4) (a) In cases in which the possession judgment is based solely on the tenant's nonpayment of rent, the judge shall not issue a warrant for removal if:
(i) By the court-ordered move-out date, the tenant has paid in full all unpaid rent and other sums awarded to landlord in the judgment; or
(ii) After such date, the landlord has accepted payment of such amounts.
(b) A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date.
SECTION 34. Section 89-8-41, Mississippi Code of 1972, is brought forward as follows:
89-8-41. (1) The court may, at the request of either party, adjourn a hearing under this chapter from time to time.
(2) A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant. When an adjournment is granted, the court may issue subpoenas and attachments to compel the attendance of witnesses.
(3) In hearings for the removal of the tenant from the premises under this chapter, no adjournment shall extend the entire hearing beyond thirty (30) days from the date the eviction action was filed.
SECTION 35. Section 89-8-43, Mississippi Code of 1972, is brought forward as follows:
89-8-43. Appeals from final judgments under this chapter shall be pursuant to applicable Mississippi Rules of Court.
SECTION 36. Section 89-8-45, Mississippi Code of 1972, is brought forward as follows:
89-8-45. When a rental agreement with a definite term expires and the tenant fails or refuses to vacate the premises after being notified by the landlord to do so, then the landlord may, if not contradicted by the rental agreement, charge the tenant double the rent for the time that the tenant continues in possession of the premises following the date to vacate the premises specified in the notification.
SECTION 37. This act shall take effect and be in force from and after July 1, 2023.
