House Bill 1061

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 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 89-8-39, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONTINUANCES; TO CREATE NEW SECTION 89-8-41, 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 89-8-43, 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, 89-7-33, 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.

In the House of Representatives

• Nick Bain

  Sponsor

• House of Representatives committee amendmentAdopted

  Adopted Feb 3

• Senate committee amendmentPending

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 17 – Feb 3

1. Jan 17Referred to the House committee on Judiciary B
2. Jan 27Reported from committee in the House: title sufficient, do pass as amended
3. Feb 3Amended in the House
4. Passed the House as amended

In the Senate Feb 7 – Mar 9

1. Feb 7Sent to the Senate
2. Feb 11Referred to the Senate committee on Judiciary, Division A
3. Mar 1Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 9Died on the calendar in the Senate