reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-85 - Distress to be reasonable, and property seized not to be removed from county

It shall not be lawful for any officer who may execute an attachment for rent or supplies to remove the property distrained or seized out of the county where the distress or seizure was made; and if any officer or other person shall so remove any property distrained or seized, he shall pay to the party aggrieved double the value of the property removed, to be recovered in an action. And, moreover, distresses and seizures shall in all cases be reasonable and not too great; and any officer who shall make an unreasonable distress or seizure, under color of law, shall be liable to the party aggrieved for double damages.
Codes, Hutchinson's 1848, ch. 56, art. 5(23); 1857, ch. 41, art. 8; 1871, § 1627; 1880, § 1309; 1892, § 2515; 1906, § 2853; Hemingway's 1917, § 2351; 1930, § 2203; 1942, § 925.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-87 - Irregularities not to affect distress

When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by such irregularity or unlawful act, may recover the special damage he may have sustained thereby. However, an action shall not be sustained if tender of amends be made by the party distraining before suit is brought.
Codes, 1880, § 1310; 1892, § 2516; 1906, § 2854; Hemingway's 1917, § 2352; 1930, § 2204; 1942, § 926.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-89 - How goods replevied

The tenant, his executor or administrator, may replevy the agricultural products or other property distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties, to be approved by the officer in whose custody the property may be, payable to the party in whose name or right the distress or seizure was made, in a penalty double the amount distrained for or double the value of the property seized, where the value is less than the amount distrained for, conditioned to prosecute his suit against the obligee in the bond for the property, and to perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of such bond to the officer having control of the property, he shall deliver the same to the party giving the bond, and shall return the bond and the writ of attachment, with a statement of his proceedings, to the clerk of the circuit court if the value of the property or amount distrained for exceed Two Hundred Dollars ($200.00), and to the justice of the peace who issued the attachment if neither the amount claimed nor the value of the property exceed Two Hundred Dollars ($200.00); and he shall summon the party in whose name or right the distress or seizure was made, to appear at the next term of the court to which return of the attachment and bond shall be made, to answer the suit of the person replevying the property; and the officer shall make his return of having summoned such party on the papers by him returned to the court.
Codes, Hutchinson's 1848, ch. 56, art. 5 (15); 1857, ch. 41, art. 11; 1871, § 1630; 1880, § 1312; 1892, § 2518; 1906, § 2856; Hemingway's 1917, § 2354; 1930, § 2205; 1942, § 927.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-91 - Summons or publication for party distraining

In case of failure to summon in the first instance the party in whose name or right the distress was made, a summons may be issued for him by the clerk of the circuit court or justice of the peace; and if he cannot be found, publication may be made as in attachment cases.
Codes, 1880, § 1313; 1892, § 2520; 1906, § 2858; Hemingway's 1917, § 2356; 1930, § 2206; 1942, § 928.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-93 - Form of replevin-bond

The tenant's replevin-bond, or that of a claimant, may be in the following form, viz.:
"We, ____________________, principal, and ____________________ and ____________________, sureties, bind ourselves to pay ____________________ the sum of ____________________ dollars [double the value of the goods and chattels, if that be less than the rent claimed], unless the said ____________________ shall prosecute his suit against the said ____________________ for certain goods and chattels, to wit: Eight bales of cotton [or whatever is distrained], distrained for rent [or supplies, or both, as the case may be] by virtue of an attachment in favor of ____________________ against ____________________, issued by ____________________, a justice of the peace of ____________________ County, and now here restored to the said ____________________, and shall perform the judgment of the court in such suit in case he shall fail therein.
"Witness our hands, the ____________________ day of ____________________, A.D. ____________________.
"____________________,
"____________________,
"____________________."
"I approve the foregoing bond, this ____________________ day of ____________________, A.D. ____________________.
"____________________"
Codes, 1880, § 1353; 1892, § 2519; 1906, § 2857; Hemingway's 1917, § 2355; 1930, § 2207; 1942, § 929.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-95 - Party replevying to propound claim

By the first day of the next term of the court to which such replevy-bond and attachment shall have been returned, or afterwards, if longer time be granted by the court, the party who replevied the property shall file either a motion to quash the attachment proceedings or his declaration in replevin, if in the circuit court, or appear and prosecute his claim, if in a justice's court, against the party in whose name or right the distress or seizure was made. Such party shall make defense, and if the attachment proceeding be quashed it may be amended. A tenant may file his declaration after a motion to quash shall have been denied, and the cause shall proceed to an issue and trial; and if upon trial it be found that the sum for rent or supplies was due, in whole or part, and that the distress was lawfully made, the landlord shall have judgment against the obligors in the replevy-bond for a return of the property replevied, or its value, to an amount sufficient to pay the sum found due, with interest and costs of suit. If the property replevied be restored, it shall be sold to satisfy the judgment, and if it be not sufficient, execution shall go against the party replevying for the residue.
Codes, 1880, § 1314; 1892, § 2521; 1906, § 2859; Hemingway's 1917, § 2357; 1930, § 2208; 1942, § 930.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-97 - Form of declaration

The declaration in replevin in such case may be substantially in the following form, to wit:
"State of Mississippi.
Circuit court, ____________________ term, A.D. ____________________
County of ____________________
"Thomas East, the plaintiff in this case, complains of William West, the defendant, in an action of replevin.
"For that heretofore, to wit: on the ____________________ day of ____________________, A.D. ____________________, the said defendant wrongfully caused an officer of ____________________ County to seize and take from the plaintiff's possession, under an attachment for rent [or rent and supplies, or for supplies, as the case may be], certain personal property of the plaintiff's, to wit: here describe the property and give the value of each separate item of it.
"And the plaintiff avers that he is entitled to recover the same and also to recover of defendant the sum of ____________________ dollars damages for the said wrongful taking; wherefore, he sues and demands judgment accordingly, and costs of suit."
Codes, 1892, § 2522; 1906, § 2860; Hemingway's 1917, § 2358; 1930, § 2209; 1942, § 931.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-99 - Pleas to the declaration

The only pleas to a declaration in replevin shall be either, first, a denial that the goods were seized on demand or at the plaint of the defendant; or, second, an avowry that they were rightfully seized for rent or supplies, or both, due and in arrear, or to become due. The two pleas can only be pleaded together when each is to only a part of the declaration and relates to separate portions of the property. The first of said pleas shall be substantially to the following effect, to wit:
"Thomas East
v. Circuit court, ____________________ County.
William West.
"Now comes the defendant, William West, and for plea to plaintiff's declaration, says: It is not true that he caused an officer of ____________________ County to seize and take from plaintiff, Thomas East, under an attachment for rent, the possession of the property, or any part of it, described in the said declaration; and of this the defendant puts himself upon the country."
On the trial of this plea the burden of proof shall be on the plaintiff.
Codes, 1892, § 2523; 1906, § 2861; Hemingway's 1917, § 2359; 1930, § 2210; 1942, § 932.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-101 - The avowry

The avowry shall be substantially to the following effect, to wit:
"Thomas East
v. Circuit court, ____________________ County.
William West.
"And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff's landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the ____________________ day of ____________________, A.D. ____________________, and ending on the ____________________ day of ____________________, A.D. ____________________; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of ____________________ dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the ____________________ day of ____________________, A.D. ____________________, and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify."
If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: "Which said indebtedness will become due on the ____________________ day of ____________________, A.D. ____________________, and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify."
Codes, 1892, § 2524; 1906, § 2862; Hemingway's 1917, § 2360; 1930, § 2211; 1942, § 933.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-103 - The replication

If the avowry be for rent and supplies, or either, claimed to be due and in arrears, the replication by the plaintiff shall be substantially in the following form, viz.:
"Thomas East
v. Circuit court, ____________________ County.
William West.
"And the plaintiff, for replication, says he was not indebted to the defendant as stated in his said avowry; and of this the plaintiff puts himself upon the country."
Codes, 1892, § 2525; 1906, § 2863; Hemingway's 1917, § 2361; 1930, § 2212; 1942, § 934.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-105 - Replication in case rent not due

If the avowry be a claim for rent or supplies, or both, to become due, the plaintiff shall reply either that he was not indebted, as in the form last above, or he may reply in substance as in the following form, viz.:
"Thomas East
v. Circuit court, ____________________ County.
William West.
"And the plaintiff, for replication, says that the defendant did not have just cause to suspect and verily believe that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term or before the said debt would become due, so that distress could not be made; and of this plaintiff puts himself upon the country."
The plaintiff may, in proper case, unite the said replications, or he may reply any other facts constituting a legal answer.
And on the trial of an issue on an avowry, the burden of proof shall be on the avowant, the landlord, and he shall have the right to open and conclude the argument.
Codes, 1892, § 2526; 1906, § 2864; Hemingway's 1917, § 2362; 1930, § 2213; 1942, § 935.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-107 - Replevin; when triable, and judgment upon default

Suits by the tenant or a third person replevying the property, shall be triable at the first term of the court; and in either case, if the party replevying shall make default or fail to prosecute his suit, like judgment shall be entered against him and the sureties on the bond as upon an issue found against him on trial, and a new replevin or writ of second deliverance shall not be allowed.
Codes, Hutchinson's 1848, ch. 56, art. 5 (17); 1857, ch. 41, art. 13; 1871, § 1632; 1880, § 1320; 1892, § 2535; 1906, § 2873; Hemingway's 1917, § 2371; 1930, § 2214; 1942, § 936.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-109 - Suit revived in case of death of party

If either party to such replevin or other action growing out of an attachment for rent or supplies, die pending the same, the suit may be revived for or against the representatives of the deceased party as other actions that survive may be revived.
Codes, 1857, ch. 41, art. 25; 1871, § 1644; 1880, § 1321; 1892, § 2536; 1906, § 2874; Hemingway's 1917, § 2372; 1930, § 2215; 1942, § 937.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-111 - Judgment if trial results against lessor

If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issued to the sureties on the attachment-bond to appear at the next term of the court to show cause against a judgment being given against them for the amount of the judgment for damages against their principal, not to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be rendered against them.
Codes, 1880, § 1315; 1892, § 2527; 1906, § 2864; Hemingway's 1917, § 2363; 1930, § 2216; 1942, § 938.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-113 - Papers transferred, if returned to wrong court

If the papers, in case of a replevin of property, be returned to the wrong court, they shall be transferred to the proper court, and the case be there proceeded with as if they had been returned to that court in the first instance.
Codes, 1880, § 1319; 1892, § 2534; 1906, § 2872; Hemingway's 1917, § 2370; 1930, § 2217; 1942, § 939.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-115 - Tenant's remedy against landlord

If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products or other property so taken and sold, his executor or administrator, shall have remedy by action against the person in whose name or right such property was taken, his executor or administrator, and shall recover double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover damages for the wrongful suing out of the writ, and shall recover therein double the value of the property, if the penalty of the bond amount to so much.
Codes, Hutchinson's 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, § 1629; 1880, § 1311; 1892, § 2517; 1906, § 2855; Hemingway's 1917, § 2353; 1930, § 2218; 1942, § 940.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-117 - Property of strangers not liable

Property, except agricultural products on which there is a lien for rent, found or being on any demised premises, not belonging to the tenant or to some person bound or liable for the rent of such premises, shall not be liable to be distrained for rent; but if the tenant or other person liable for the rent have a limited interest in the property, the same may be distrained, and the interest therein of the tenant or person liable for the rent may be sold.
Codes, Hutchinson's 1848, ch. 56, art. 5 (10); 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1317; 1892, § 2529; 1906, § 2867; Hemingway's 1917, § 2365; 1930, § 2219; 1942, § 941.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-119 - Replevin of property by strangers

When any person other than the tenant shall claim to be the owner of any property distrained or seized for rent or supplies, he may make affidavit that said property is his, and not the property of the tenant, and not held to the use of the tenant in any manner whatever, and is not liable to such distress or seizure. If he desire immediate possession of said property, he shall give bond, with sufficient sureties, in the manner directed for the tenant, and such affidavit and bond shall be delivered to the officer who made the distress, who shall deliver the property to the claimant. Such claim may be interposed without giving bond, and the same proceedings shall be had thereon, except that the property claimed shall not be delivered to the claimant, but shall be disposed of as in the case of replevy by the tenant. Upon such claim being made, the landlord may release the property so claimed and forthwith distrain or seize other property in lieu thereof.
Codes, Hutchinson's 1848, ch. 56, art. 5 (10, 16); 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1317; 1892, § 2530; 1906, § 2868; Hemingway's 1917, § 2366; 1930, § 2220; 1942, § 942.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-121 - Form of affidavit by third person

The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit:
"State of Mississippi,
____________________ County.
"Before me, ____________________, a justice of the peace of the said county, ____________________ makes oath that certain property to wit: eight bales of cotton [or whatever the property may be], distrained for rent by ____________________, a constable of said county, by virtue of an attachment for rent in favor of ____________________ against ____________________, are the property of affiant and not the property of ____________________, nor held in trust for his use, in any manner whatsoever; and are not liable to such distress.
"Sworn to and subscribed before me, the ____________________ day of ____________________, A.D.
"____________________, J.P."
Codes, 1892, § 2532; 1906, § 2870; Hemingway's 1917, § 2368; 1930, § 2221; 1942, § 943.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-123 - Proceedings to be as in replevin by tenant

The affidavit may be made before the officer having the property, and he shall make return of it and of the bond, if any, and the attachment papers, and summon the other party, as required in case of a replevin by the tenant; and the claimant replevying the property shall prosecute his suit against the party in whose name or right it was attached, in all respects as the tenant is required to do; and the pleadings and proceedings shall be conformed so as to present the proper issues.
Codes, 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1318; 1892, § 2533; 1906, § 2871; Hemingway's 1917, § 2360; 1930, § 2222; 1942, § 944.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 7 - LANDLORD AND TENANT (§§ 89-7-1 — 89-7-125) › Section 89-7-125 - Burden of proof

On the trial of the issue between the landlord and such claimant, the burden of proof to show ownership in the property shall be on the claimant.
Codes, 1892, § 2531; 1906, § 2869; Hemingway's 1917, § 2367; 1930, § 2223; 1942, § 945.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-1 - Short title

This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act."
Laws, 1991, ch. 478, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-3 - Application of chapter

(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.
Laws, 1991, ch. 478, § 2; Laws, 1993, ch. 312, § 1, eff. 3/12/1993.
Amended by Laws, 2022, ch. 501, SB 2461,§ 22, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-5 - Waiver of rights prohibited; provisions prohibited in rental agreement

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.
Laws, 1991, ch. 478, § 3, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-9 - Obligation to act in good faith

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.
Laws, 1991, ch. 478, § 5, eff. 7/1/1991.
Amended by Laws, 2022, ch. 501, SB 2461,§ 24, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-11 - Rules and regulations of landlord concerning tenant's use and occupancy of premises

(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.
Laws, 1991, ch. 478, § 6, eff. 7/1/1991.
Amended by Laws, 2022, ch. 501, SB 2461,§ 9, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-15 - Repair of defects by tenant

(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.
Laws, 1991, ch. 478, § 8, eff. 7/1/1991.
Amended by Laws, 2022, ch. 501, SB 2461,§ 25, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-17 - Rights of landlord after expiration of rental agreement

(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 alsodemand 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.
Laws, 1991, ch. 478, § 9, eff. 7/1/1991.
Amended by Laws, 2022, ch. 501, SB 2461,§ 26, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-19 - Length of term of tenancy; notice to terminate tenancy; exception to notice requirement

(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.
Laws, 1991, ch. 478, § 10, eff. 7/1/1991.
Amended by Laws, 2022, ch. 501, SB 2461,§ 11, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-21 - Tenant's security deposit

(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.
Laws, 1991, ch. 478, § 11, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-23 - Duties of landlord

(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
.
Laws, 1991, ch. 478, § 12, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-25 - Duties of tenant

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.
Laws, 1991, ch. 478, § 13; Laws, 1994, ch. 331, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-27 - Housing authorities authorized to contract with tenant management organizations; authority to sell public housing units to tenant management organizations

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.
Laws, 1991, ch. 478, § 14, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-29 - Derrick Beard Act; termination of lease of residential premises by cosigner upon death of lessee; presumption of termination; cosigner's choice not to terminate; effect of termination on certain liabilities of lessee's estate or cosigner; applicability of section

(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.
Laws, 2011, ch. 392, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-31 - Residential evictions; authorized in certain circumstances

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
.
Added by Laws, 2022, ch. 501, SB 2461,§ 1, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-33 - Residential evictions; required documents to file

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
.
Added by Laws, 2022, ch. 501, SB 2461,§ 2, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-35 - Residential evictions; issuance of summons; required notice to persons in or claiming possession of premises; service of summons

(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 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.
Added by Laws, 2022, ch. 501, SB 2461,§ 3, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-37 - Residential evictions; default judgment to landlord under certain circumstances; judgments to be signed and executed on the same business day that they are granted

(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.
Added by Laws, 2022, ch. 501, SB 2461,§ 4, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-41 - Residential evictions; continuances

(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.
Added by Laws, 2022, ch. 501, SB 2461,§ 6, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-43 - Residential evictions; appeals from final judgments

Appeals from final judgments under this chapter shall be pursuant to applicable Mississippi Rules of Court.
Added by Laws, 2022, ch. 501, SB 2461,§ 7, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 8 - RESIDENTIAL LANDLORD AND TENANT ACT (§§ 89-8-1 — 89-8-45) › Section 89-8-45 - Holdover tenant; penalty

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.
Added by Laws, 2022, ch. 501, SB 2461,§ 8, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-1 - Citation of chapter

This chapter shall be known and may be cited as the "Mississippi Condominium Law."
Codes, 1942, § 896-01; Laws, 1964, ch. 270, § 1.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 9 - CONDOMINIUMS (§§ 89-9-1 — 89-9-37) › Section 89-9-3 - Purpose of chapter

The purpose of this chapter is to give statutory recognition to the condominium form of ownership of real property. It shall not be construed as repealing or amending any law now in effect except those in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to condominiums.
Codes, 1942, § 896-02; Laws, 1964, ch. 270, § 2.