Senate Bill 2618

AN ACT ENACT THE MISSISSIPPI RESIDENTIAL LANDLORD TENANT ACT; TO CREATE NEW SECTION 89-8-101, MISSISSIPPI CODE OF 1972, TO PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 89-8-103, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 89-8-105, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPLICATION OF THE CHAPTER; TO REQUIRE A DUTY OF GOOD FAITH AND A DUTY OF MITIGATION; TO CREATE NEW SECTION 89-8-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RENTAL AGREEMENTS SHALL BE CONSCIONABLE AT THEIR INCEPTION; TO PROVIDE FOR A JUDICIAL REMEDY FOR UNCONSCIONABLE RENTAL AGREEMENTS; TO CREATE NEW SECTION 89-8-109, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NOTICE UNDER THE CHAPTER; TO CREATE NEW SECTION 89-8-111, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A TENANCY FOR A FIXED TERM AND A PERIODIC TENANCY; TO SPECIFY CERTAIN PROVISIONS AS UNCONSCIONABLE; TO CREATE NEW SECTION 89-8-113, MISSISSIPPI CODE OF 1972, TO REQUIRE A LANDLORD TO MAKE CERTAIN DISCLOSURES TO A TENANT BEFORE ACCEPTING AN APPLICATION FEE; TO REQUIRE A LANDLORD TO SPECIFY CERTAIN INFORMATION TO A TENANT BEFORE THE COMMENCEMENT OF A RENTAL AGREEMENT; TO CREATE NEW SECTION 89-8-115, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES OF THE TENANT; TO CREATE NEW SECTION 89-8-117, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ADOPTION AND ENFORCEMENT OF USE AND OCCUPANCY RULES; TO CREATE NEW SECTION 89-8-119, MISSISSIPPI CODE OF 1972, TO REQUIRE A LANDLORD TO DELIVER PHYSICAL POSSESSION OF A DWELLING UNIT AT THE COMMENCEMENT OF THE RENTAL AGREEMENT AND PROVIDE A REMEDY FOR FAILURE TO DO SO; TO CREATE NEW SECTION 89-8-123, MISSISSIPPI CODE OF 1972, TO PROVIDE RENT PAYMENT TERMS; TO CREATE NEW SECTION 89-8-125, MISSISSIPPI CODE OF 1972, TO PROSCRIBE LANDLORD DUTIES UNDER THE CHAPTER; TO CREATE NEW SECTION 89-8-127, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE TENANT TO DELIVER NOTICE TO THE LANDLORD OF BREACH AND OFFER AN OPPORTUNITY TO REMEDY; AUTHORIZE THE TENANT TO IMMEDIATELY TERMINATE THE RENTAL AGREEMENT IF THE CONDITION OF THE DWELLING UNIT IS A SERIOUS THREAT TO THE HEALTH OR SAFETY OF THE TENANT; TO CREATE NEW SECTION 89-8-129, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE TENANT TO REPAIR THE DEFECTS IN A DWELLING UNIT; TO CREATE NEW SECTION 89-8-131, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN ACTIONS BY THE TENANT IF THE LANDLORD FAILS TO PROVIDE AN ESSENTIAL SERVICE UPON A PERIOD OF NOTICE OF THE FAILURE; TO CREATE NEW SECTION 89-8-133, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A LANDLORD'S REASONABLE ACCESS TO A DWELLING UNIT AND A REMEDY FOR THE UNREASONABLE DENIAL OF ENTRY; TO CREATE NEW SECTION 89-8-135, MISSISSIPPI CODE OF 1972, TO PROSCRIBE A TENANT'S DUTIES; TO CREATE NEW SECTION 89-8-137, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE LANDLORD TO DELIVER NOTICE TO THE TENANT OF BREACH OF THE RENTAL AGREEMENT OR THE TENANT'S DUTIES AND OF THE FACT THAT THE RENTAL AGREEMENT OR TENANCY WILL TERMINATE IF THE BREACH IS NOT CURED WITHIN A CERTAIN TIMEFRAME; TO AUTHORIZE THE LANDLORD TO DELIVER NOTICE TO THE TENANT OF NONPAYMENT OF RENT AND STATES THAT THE LANDLORD WILL PURSUE A CIVIL ACTION IF THE RENT IS NOT PAID WITHIN A CERTAIN TIMEFRAME; TO CREATE NEW SECTION 89-8-139, MISSISSIPPI CODE OF 1972, TO ABOLISH DISTRAINT FOR RENT; TO CREATE NEW SECTION 89-8-141, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR THE TENANT'S ABANDONMENT OF THE RENTAL AGREEMENT; TO REQUIRE A LANDLORD TO MITIGATE THE LANDLORD'S DAMAGES IF THE LANDLORD ELECTS TO TREAT A TENANT'S ABANDONMENT OF A RENTAL AGREEMENT AS A BREACH OF THE RENTAL AGREEMENT; TO CREATE NEW SECTION 89-8-143, MISSISSIPPI CODE OF 1972, TO PROVIDE THE RIGHTS OF LANDLORD AND TENANTS AT THE EXPIRATION OF A TERM RENTAL AGREEMENT; TO CREATE NEW SECTION 89-8-145, MISSISSIPPI CODE OF 1972, TO PROVIDE THE RIGHTS OF LANDLORD AND TENANTS AT THE EXPIRATION OF A PERIODIC TENANCY; TO CREATE NEW SECTION 89-8-147, MISSISSIPPI CODE OF 1972, TO PENALIZE A TENANT WHO FAILS TO VACATE A DWELLING UNIT AT THE EXPIRATION OF A TERM RENTAL AGREEMENT THAT HAS NOT BECOME A PERIODIC TENANCY; TO CREATE NEW SECTION 89-8-149, MISSISSIPPI CODE OF 1972, TO REQUIRE A LANDLORD TO RETURN A TENANT'S SECURITY DEPOSIT AND UNEARNED RENT BY A CERTAIN DAY; TO AUTHORIZE A LANDLORD TO RETAIN A PORTION OF THE SECURITY DEPOSIT UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 89-8-151, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EVICTION IN CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 89-8-153, MISSISSIPPI CODE OF 1972, TO PROHIBIT SELF-HELP EVICTION; TO CREATE NEW SECTION 89-8-155, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR COMMENCING AN EVICTION; TO CREATE NEW SECTION 89-8-157, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SUMMONS FOR AN EVICTION; TO CREATE NEW SECTION 89-8-159, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE JUDGMENT FOR THE LANDLORD SHALL NOT EXCEED THE RELIEF THE LANDLORD REQUESTED IN THE LANDLORD'S COMPLAINT; TO AUTHORIZE THE TENANT TO APPEAR AND DEFEND; TO AUTHORIZE A CLAIM FOR RENT REDUCTION OR FOR DIMINUTION IN VALUE; TO CREATE NEW SECTION 89-8-161, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CONTINUANCES; TO CREATE NEW SECTION 89-8-163, MISSISSIPPI CODE OF 1972, TO REQUIRE A JUDGMENT OF POSSESSION TO REQUIRE THE TENANT TO VACATE THE PREMISES BY A DATE CERTAIN; TO PROVIDE FOR A WARRANT OF REMOVAL; TO PROVIDE THAT AFTER THE EXECUTION OF THE WARRANT OF REMOVAL THE TENANT SHALL HAVE 72 HOURS TO REMOVE THE TENANT'S PERSONAL PROPERTY; TO CREATE NEW SECTION 89-8-165, MISSISSIPPI CODE OF 1972, TO PROVIDE A REMEDY AGAINST A TENANT WHO WILLFULLY DAMAGES THE DWELLING UNIT; TO CREATE NEW SECTION 89-8-167, MISSISSIPPI CODE OF 1972, TO AUTHORIZE QUALIFIED TENANT MANAGEMENT ORGANIZATIONS; TO CREATE NEW SECTION 89-8-169, MISSISSIPPI CODE OF 1972, TO REENACT THE DERICK BEARD ACT WHICH IS A PROVISION THAT RELATES TO THE TERMINATION OF A RENTAL AGREEMENT; TO CREATE NEW SECTION 89-8-171, MISSISSIPPI CODE OF 1972, TO AUTHORIZE APPELLATE REVIEW; TO REPEAL SECTIONS 89-8-1, 89-8-3, 89-8-5, 89-8-7, 89-8-9, 89-8-11, 89-8-13, 89-8-15, 89-8-17, 89-8-19, 89-8-21, 89-8-23, 89-8-25, 89-8-27 AND 89-8-29, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE RESIDENTIAL LANDLORD AND TENANT ACT; AND FOR RELATED PURPOSES.

In the Senate

• Derrick T. Simmons

  Sponsor

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

In the Senate Jan 17 – Feb 1

1. Jan 17Referred to the Senate committee on Judiciary, Division A
2. Feb 1Died in committee in the Senate