House Bill 126

AN ACT TO AMEND SECTION 89-8-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A TENANT WHO IS THE SURVIVOR OF DOMESTIC VIOLENCE TO TERMINATE A RENTAL AGREEMENT WITHOUT NOTICE WHEN THE TENANT DETERMINES THAT VACATING THE PREMISES IS NECESSARY FOR THE TENANT'S WELFARE AND SAFETY; TO PROHIBIT A LANDLORD FROM ASSESSING A PENALTY OR ADDITIONAL RENT OR FEES UNDER SUCH CIRCUMSTANCES OR FROM DISCLOSING PERSONAL INFORMATION THAT MIGHT REVEAL THE TENANT'S WHEREABOUTS; TO PROHIBIT A LANDLORD FROM SEEKING TO REMOVE SUCH A TENANT DUE TO THE TENANT'S PLACING AN EMERGENCY TELEPHONE CALL FOR ASSISTANCE; TO AMEND SECTION 89-8-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 subsection (7) of this section or any other provision of 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 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) 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) (a) 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 fourteen (14) days' notice as provided by subsection (3) of this section. In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972.

(b) Any justice court judge or other judge presiding over a hearing in which a landlord seeks to remove 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) Disposition of personal property, including any manufactured home, of a tenant remaining on the landlord's premises after the tenant has been removed from the premises shall be governed by Section 89-7-35(2) or Section 89-7-41(2).

(7) (a) Notwithstanding the provisions of this section or any other provision of this chapter or a rental agreement to the contrary, a tenant who is a survivor of domestic abuse or violence during the term of the tenancy may terminate the rental agreement without prior notice to the landlord when, in the determination of the tenant, vacating the premises is deemed necessary for the welfare and safety of the tenant. The termination of a rental agreement under this subsection is without penalty to the tenant but does not relieve the tenant from liability for the payment of rent and any other sums owed before the tenant's termination of the rental agreement. The tenant may not be assessed any rent, penalties, fees or other costs that become due subsequent to the date of the termination of the rental agreement. For purposes of this subsection, the date on which the tenant vacates the premises must be considered the date of termination of the rental agreement unless the tenant and landlord mutually agree to a different date.

(b) A tenant terminating a rental agreement under this subsection may submit to the landlord, in support of the tenant's action, a copy of an emergency, temporary or final domestic abuse protective order or any other order or injunction issued by a court for the protection of the tenant; however, the landlord may not require such documentation as a condition for termination of the rental agreement by the tenant.

(c) A landlord of a tenant who terminates a rental agreement under this subsection may not disclose any personal information or other information that enables the whereabouts of the tenant to be determined after the tenant has vacated the rental property.

(d) The termination of a rental agreement under this subsection by a person who subsequently is applying for rental property may not be considered by a tenant screening service or a prospective landlord as a basis for refusing to enter into a rental agreement.

(8) A landlord may not seek to remove a tenant or terminate a rental agreement with a tenant who is a victim of domestic abuse or violence during the term of the tenancy due to the tenant calling emergency telephone service (911) for public safety or medical emergency assistance.

SECTION 2. Section 89-8-19, Mississippi Code of 1972, is amended as follows:

89-8-19. (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:

(a) The landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety; or

(b) The tenant is a victim of domestic abuse or violence who determines that vacating the rental property is necessary for the protection of the tenant's welfare and safety as authorized under Section 89-8-13(7).

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.