MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representatives Bozeman, Banks, Evans, Flaggs, Green (96th), Middleton, Perkins, Robinson (63rd), Straughter, Wallace

AN ACT TO AMEND SECTION 89-8-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LATE PAYMENT CHARGES FOR RENT PAYMENTS SHALL NOT EXCEED FOUR PERCENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 89-8-11, Mississippi Code of 1972, is amended as follows:

89-8-11. (1) A landlord may, from time to time, adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(c) They apply to all tenants in the premises in a fair manner;

(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;

(e) They are not for the purpose of evading the obligations of the landlord.

(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement.

(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply with the bylaws of the association of the apartment owners; and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.

(4) Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.

(5) A landlord shall not charge more than four percent (4%) or Twenty-five Dollars ($25.00) whichever is greater as a late payment charge for rent payments which are past due. No rules or regulations shall be adopted allowing late payment charges in excess of four percent (4%) or Twenty-five Dollars ($25.00) whichever is greater.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.