Senate Bill 2868

AN ACT TO AMEND SECTIONS 89-7-31, 89-7-41 AND 89-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFTER A SEVEN-DAY WAITING PERIOD, A LANDLORD MAY DISPOSE OF PERSONAL PROPERTY ABANDONED BY AN EVICTED TENANT IN A DWELLING UNIT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-7-31, Mississippi Code of 1972, is amended as follows:

89-7-31. (1) On receiving such affidavit, the county judge, justice, mayor, or other officer shall issue a summons, directed to the sheriff or any constable of the county, or the marshal of the city, town, or village wherein the premises, or some part thereof, are situated, describing the premises, and commanding him to require the person in possession of the same or claiming the possession thereof, forthwith to remove therefrom, or to show cause before the justice or other officer, on a day to be named not less than three (3) nor more than five (5) days from the date of the summons, why possession of the premises should not be delivered to the applicant.

(2) In addition to subsection (1) of this section, the summons shall include the following statement:

At the hearing, a judge will decide if the landlord will be granted exclusive possession of the premises. If the judge grants possession of the premises to the landlord, you must remove all articles of personal property owned by you from the premises before the date and time ordered by the judge. If you do not remove your personal property, then the landlord may remove and store your property for a period of seven (7) days at your expense. If you fail to claim the property and to reimburse the landlord before the seven-day period ends, then the landlord may dispose of your property without any further notice or obligation to you.

SECTION 2. Section 89-7-41, Mississippi Code of 1972, is amended as follows:

89-7-41. (1) If the decision be in favor of the landlord or other person claiming the possession of the premises, the magistrate shall issue his warrant to the sheriff, constable, or other officer, commanding him forthwith to put such landlord or other person into possession of the premises, and to levy the costs of the proceedings of the goods and chattels, lands and tenements, of the tenant or person in possession of the premises who shall have controverted the right of the landlord or other person.

(2) If the judge rules in favor of the landlord or other person claiming possession of the premises, the judge shall decide a day and time before which the tenant must remove the personal property that the tenant owns from the premises. If the tenant fails to remove his personal property by such time, then the landlord may remove and store the tenant's property for a period of seven (7) days at the tenant's expense. If the tenant fails to claim the property and to reimburse the landlord before the seven-day period ends, the property shall be deemed abandoned. The landlord may dispose of the abandoned property without further notice or obligation to the tenant.

SECTION 3. 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 out in subsection (3) of this section or resort to any other remedy at law or in equity except as 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 except as prohibited by this chapter.

(3) The nonbreaching party may deliver a written notice to the party in breach specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) 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 prior to 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' written notice specifying the breach and the date of termination of the rental agreement;

(c) Neither party may terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his family or other person on the premises with his consent.

(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) Notwithstanding the provisions of this section or any other provisions of this chapter to the contrary, if the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord shall not be required to deliver thirty (30) days' written notice as provided by subsection (3) of this section. In such event, the landlord may seek removal of the tenant and the tenant's personal property from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 2012.