Bill Text: MS SB2461 | 2022 | Regular Session | Enrolled
Bill Title: Landlord-tenant law; revise provisions of to create procedures and protection for evictions.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2022-04-21 - Approved by Governor [SB2461 Detail]
Download: Mississippi-2022-SB2461-Enrolled.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins, Horhn, Hickman
Senate Bill 2461
(As Sent to Governor)
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 89-8-31, Mississippi Code of 1972:
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 2. The following shall be codified as Section 89-8-33, Mississippi Code of 1972:
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 3. The following shall be codified as Section 89-8-35, Mississippi Code of 1972:
(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 4. The following shall be codified as Section 89-8-37, Mississippi Code of 1972:
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 5. The following shall be codified as Section 89-8-39, Mississippi Code of 1972:
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 6. The following shall be codified as Section 89-8-41, Mississippi Code of 1972:
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 7. The following shall be codified as Section 89-8-43, Mississippi Code of 1972:
89-8-43. Appeals from final judgments under this chapter shall be pursuant to applicable Mississippi Rules of Court.
SECTION 8. The following shall be codified as Section 89-8-45, Mississippi Code of 1972:
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 9. Section 89-8-11, Mississippi Code of 1972, is amended 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 10. Section 89-8-13, Mississippi Code of 1972, is amended 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 * * * his 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 11. Section 89-8-19, Mississippi Code of 1972, is amended 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 * * * and or safety.
SECTION 12. Section 89-7-29, Mississippi Code of 1972, is amended as follows:
89-7-29. * * * To commence a civil action under Section 89-7-27, the
landlord shall file a sworn affidavit or complaint, based upon the terms of the
rental agreement that:
(a) States the facts requiring the removal of the tenant;
(b) Identifies the address of, or otherwise describes, the premises and, if applicable, the amount of rent and any additional fees owed;
(c) Declares that the necessary notice has been given to terminate the tenancy; and
(d) Identifies any specific items of tenant property located at the premises as to which the landlord asserts a valid lien and has commenced, or is commencing, proceedings governed by Section 89-7-51 et seq., Mississippi Code of 1972.
SECTION 13. Section 89-7-27, Mississippi Code of 1972, is amended as follows:
89-7-27. A tenant or lessee
at will or at sufferance, or for part of a year, or for one or more years, of * * * premises or
other lands not constituting a dwelling unit as defined in Section 89-8-7(b),
and the assigns, undertenants, or legal representatives of such tenant or
lessee, shall be removed from the premises by the justice court judge * * *, county
court judge or circuit court judge where the premises, or some part thereof,
are situated, in the following cases, to wit:
First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his possessory term, without the permission of the landlord.
Second. After any
default in the payment of the rent pursuant to the agreement under which such premises
are held, * * * and three (3) days' notice, in writing, requiring
the payment of such rent or the possession of the premises, shall have been
served by the person entitled to the rent on the person who owes the rent. Notice
of default by email or text message is proper if the tenant has agreed in writing
to be notified by that means.
Third. If a written
agreement between the landlord and tenant exists, any event calling for eviction
in the rental agreement may trigger the eviction process under this
section. Notice of default by email or text message is proper if the * * * tenant has agreed in writing to
be notified by that means.
SECTION 14. Section 89-7-31, Mississippi Code of 1972, is amended as follows:
89-7-31. (1) * * * Upon the filing of the sworn
affidavit or complaint, a summons shall be issued for service upon the person
in possession of the identified premises or claiming possession thereof. The
summons shall command such person to immediately vacate the premises or to show
cause before the judge, on a day to be named in the summons, why possession of
the premises should not be delivered to the applicant.
(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 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.
If the landlord has asserted a lien against certain specified items and has commenced proceedings against the items, your right to remove the specified items of property will be addressed by the court.
You will have seventy-two (72) hours after your removal by law enforcement to take your other property not subject to a lien proceeding.
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."
SECTION 15. Section 89-7-33, Mississippi Code of 1972, is amended as follows:
89-7-33. * * * Service of summons shall be pursuant to applicable
Mississippi Rules of Court.
SECTION 16. The following shall be codified as Section 89-7-34, Mississippi Code of 1972:
89-7-34. (1) In eviction actions, the court shall grant a default judgment to the landlord where:
(a) The landlord complies with Section 89-7-29;
(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 89-7-29;
(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 17. Section 89-7-35, Mississippi Code of 1972, is amended as follows:
89-7-35. (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.
(2) * * *
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.
Unless the judge has made some other finding regarding property at the
premises, the tenant may remove its property during this time. If the tenant
has vacated the premises by the court-ordered move-out date, then the landlord
may dispose of any property, not addressed by the court, which the tenant
leaves behind without further notice to the tenant.
(3) 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 (5) 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.
(4) Unless the judge has made some other finding regarding property at the premises, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours after the warrant for removal has been executed to enable the tenant to remove the tenant's property, including any manufactured home. All property the tenant leaves on the premises seventy-two (72) hours after the execution of the warrant for removal shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.
(5) 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, on or before the court-ordered move-out date, if the tenant has paid in full all unpaid rent and other sums owed pursuant to the judgment. 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 18. Section 89-7-37, Mississippi Code of 1972, is amended as follows:
89-7-37. The * * * tenant in possession of * * * the premises, or any person
claiming possession thereof, may, at or before the time appointed in the summons
for showing cause, file an affidavit with * * * the court,
denying the facts upon which the summons was issued; and the matters thus controverted
may be tried * * *.
SECTION 19. Section 89-7-39, Mississippi Code of 1972, is amended as follows:
89-7-39. The court may, at
the request of either party, adjourn * * * a hearing from time to time * * *. 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. However, in hearings for eviction, no
adjournment shall extend the entire hearing beyond forty-five (45) days from
the date the eviction action was filed.
SECTION 20. Section 89-7-43, Mississippi Code of 1972, is amended as follows:
89-7-43. * * *
If a judgment of possession is not granted to the landlord, the judge shall
assess costs against the landlord and issue execution therefor.
SECTION 21. Section 89-7-47, Mississippi Code of 1972, is amended as follows:
89-7-47. The * * * judge before whom proceedings
shall be had against a tenant holding over, shall keep a full record of * * * the proceedings, and shall carefully
preserve all papers in the cause * * *.
Appeals from final judgements under this chapter shall be pursuant to applicable
Mississippi Rules of Court.
SECTION 22. Section 89-8-3, Mississippi Code of 1972, is amended 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 23. Section 89-8-7, Mississippi Code of 1972, is amended 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 24. Section 89-8-9, Mississippi Code of 1972, is amended 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 25. Section 89-8-15, Mississippi Code of 1972, is amended 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 26. Section 89-8-17, Mississippi Code of 1972, is amended 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 27. 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, are hereby repealed.
SECTION 28. This act shall take effect and be in force from and after its passage.
