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 89-8-13 - Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security; disposition of tenant's abandoned personal property

(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
.
Laws, 1991, ch. 478, § 7; Laws, 1993, ch. 312, § 2, eff. 3/12/1993.
Amended by Laws, 2022, ch. 501, SB 2461,§ 10, eff. 4/21/2022.
Amended by Laws, 2018, ch. 446, SB 2473,§ 7, eff. 7/1/2018.
Amended by Laws, 2015, ch. 395, HB 711, 4, eff. 7/1/2015.