House Bill 1508

AN ACT TO PROVIDE THAT ANY PERSON WHO TRESPASSES ONTO THE PROPERTY OF ANOTHER SHALL NOT BE CONSIDERED A TENANT AND MAY BE REMOVED BY THE OWNER OR AN AGENT OF THE OWNER; TO AMEND SECTIONS 89-8-3, 89-8-7 AND 89-7-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THIS ACT; TO AMEND SECTION 15-1-7, MISSISSIPPI CODE OF 1972, TO MAKE MINOR, NONSUBSTANTIVE CHANGES; TO BRING FORWARD SECTION 15-1-13, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Any person who trespasses onto property, land or any building or dwelling thereon in violation of any provision of state law shall not be considered a tenant for any reason and may be removed at any time by the owner of the property or by an agent of the owner of the property without regard for eviction procedures and/or liability. Any items belonging to or in possession of such person may be disposed in any manner without any liability to the owner of the property or an agent of the owner.

SECTION 2. Section 89-8-3, Mississippi Code of 1972, is amended as follows:

89-8-3. (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. The provisions of this chapter shall not be construed to give rights to any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the owner's knowledge or permission.

(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.

SECTION 3. Section 89-8-7, Mississippi Code of 1972, is amended as follows:

89-8-7. (1) As used in this chapter, the following terms shall have the meaning ascribed herein unless the context requires otherwise:

(a) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.

(b) "Court" means a justice court, a county court or a circuit court.

(c) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.

(d) "Good faith" means honesty in fact in the conduct of the transaction concerned and observation of reasonable community standards of fair dealing.

(e) "Judge" means a justice court judge, a county court judge or a circuit court judge.

(f) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, or the agent representing such owner, lessor or sublessor.

(g) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.

(h) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.

(i) "Premises" means a dwelling unit and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(j) "Possession judgment" means a judgment granting the landlord exclusive possession of the premises pursuant to this chapter.

(k) "Rent" means all payments to be made to the landlord under the rental agreement, including any late fees that are required to be paid under the rental agreement by a defaulting tenant.

(l) "Rental agreement" means all written or oral agreements for a dwelling unit located within this state that are subject to this chapter.

(m) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and shall not include any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the owner's knowledge or permission.

(n) "Qualified tenant management organizations" means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this section and which is able to conform to standards set by the United States Department of Housing and Urban Development as capable of satisfactorily performing the operational and management functions delegated to it by the contract.

(2) For purposes of giving any notice required under this chapter, notice given to the agent of the landlord is equivalent to giving notice to the landlord. The landlord may contract with an agent to assume all the rights and duties of the landlord under this chapter; provided, however, that such a contract does not relieve the landlord of ultimate liability in regard to such rights and duties.

SECTION 4. Section 89-7-5, Mississippi Code of 1972, is amended as follows:

89-7-5. (1) Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as evidence of the amount to be recovered.

(2) The provisions of this chapter shall not be construed to give rights to any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the owner's knowledge, permission, agreement or contract with the owner.

SECTION 5. Section 15-1-7, Mississippi Code of 1972, is brought forward as follows:

15-1-7. A person may not make an entry or commence an action to recover land except within ten (10) years next after the time at which the right to make the entry or to bring the action shall have first accrued to some person through whom he or she claims, or, if the right shall not have accrued to any person through whom he or she claims, then except within ten (10) years next after the time at which the right to make the entry or bring the action shall have first accrued to the person making or bringing the same. However, if, at the time at which the right of any person to make an entry or to bring an action to recover land shall have first accrued, such person shall have been under the disability of infancy or unsoundness of mind, then such person or the person claiming through him or her may, notwithstanding that the period of ten (10) years hereinbefore limited shall have expired, make an entry or bring an action to recover the land at any time within ten (10) years next after the time at which the person to whom the right shall have first accrued shall have ceased to be under either disability, or shall have died, whichever shall have first happened. However, when any person who shall be under either of the disabilities mentioned, at the time at which his or her right shall have first accrued, shall depart this life without having ceased to be under such disability, no time shall be allowed, by reason of the disability of any other person, to make an entry or to bring an action to recover the land beyond the period of ten (10) years next after the time at which such person shall have died.

SECTION 6. Section 15-1-13, Mississippi Code of 1972, is brought forward as follows:

15-1-13. (1) Ten (10) years' actual adverse possession by any person claiming to be the owner for that time of any land, uninterruptedly continued for ten (10) years by occupancy, descent, conveyance, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to persons under the disability of minority or unsoundness of mind the right to sue within ten (10) years after the removal of such disability, as provided in Section 15-1-7. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than thirty-one (31) years.

(2) For claims of adverse possession not matured as of July 1, 1998, the provisions of subsection (1) shall not apply to a landowner upon whose property a fence or driveway has been built who files with the chancery clerk within the ten (10) years required by this section a written notice that such fence or driveway is built without the permission of the landowner. Failure to file such notice shall not create any inference that property has been adversely possessed. The notice shall be filed in the land records by the chancery clerk and shall describe the property where said fence or driveway is constructed.

SECTION 7. This act shall take effect and be in force from and after July 1, 2024.