HB1061_S_Cmte_Amend

SECTION 1. (1) On the date of passage of this act, Sections 2 through 7 of this act codify new sections of law and repeal the sections of law held unconstitutional by the Federal Court of the Northern District of Mississippi in Conner v. Alltin, LLC, No. 3:20-CV-057-MPM-RP, 2021 WL 5588731 (N.D. Miss. Nov. 30, 2021).

(2) On January 1, 2023:

(a) Sections 2 through 7 of this act shall stand repealed.

(b) Sections 8 and 9 of this act repeal the remaining provisions of the current landlord-tenant law, except for Sections 89-7-51 through 89-7-125 which are provisions that govern liens against tenant property and the statutory cause of distress.

(c) Sections 10 through 61 of this act enact the "Comprehensive Landlord and Tenant Act" which governs the relationships of both commercial and residential landlords and tenants. Under this act, distress for the personal property of a residential tenant is abolished.

(d) Section 62 of this act enacts a new code section to govern the relationship of campground owners and guests.

SECTION 2. Summons. (1) Issuance and service of the summons for actions under this chapter shall be pursuant to applicable Mississippi Rules of Court.

(2) In addition to information required by the applicable Mississippi Rules of Court, the summons for a dwelling unit shall state:

"You are being sued for eviction. At this hearing, the judge will determine if you are to be evicted from your rental unit. You have a right to present defenses at the hearing. Failure to appear for the hearing has serious consequences. If you do not attend, the court will enter a default judgment to evict you from the rental unit and for the monies demanded by the landlord.

If the breach is for the nonpayment of rent, then you may avoid eviction by paying the demanded rent, late fees, and costs by the hearing date.

If the breach is for violation of the rental agreement other than nonpayment of rent, then you may avoid eviction by rectifying the breach by the hearing date.

If eviction is granted, then you will be given at least seven (7) days from the hearing date to move out unless the court orders a shorter or longer time because of an emergency or for other compelling circumstances. The court will inform you of the exact move-out date.

If the eviction is granted and is based on nonpayment of rent, you do not have to move out if you pay all unpaid rent and other sums awarded to the landlord by the court-ordered move-out date.

If you do not move out by the date and time ordered by the court, you will have only seventy-two (72) hours to remove your belongings when the landlord obtains physical possession of the rental unit.

After seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord.

You may still retrieve your personal property once the landlord removes it from your rental unit, but the landlord will have no obligation to protect or preserve your property."

(3) This section shall stand repealed on January 1, 2023.

SECTION 3. Default judgment; mandatory judgement; tenant may appear and defend and counterclaim. (1) In eviction actions where the landlord complies with applicable notice, issuance and service of summons is proper, and the tenant fails to appear, the court shall grant a default judgment to the landlord.

(a) Subject to paragraph (b) of this subsection, a default judgment for the landlord shall in no event exceed an amount or be different in character the relief the landlord requested in the landlord's complaint or affidavit.

(b) A default judgment for the landlord may exceed the amount of relief the landlord requested in the landlord's complaint or affidavit where the breach asserted is nonpayment of rent and the landlord affirms the amount owed.

(2) In eviction actions where the landlord complies with applicable, issuance and service of summons is proper, and the tenant fails to present a valid defense, the court shall grant judgment to the landlord.

(3) A tenant may appear to defend an action and counterclaim under this chapter.

(4) This section shall stand repealed on January 1, 2023.

SECTION 4. Judgment of possession. (1) (a) If a judgment of possession is granted to the landlord, then the judge shall order the tenant to vacate the premises by a date certain that is seven (7) days after entry of the possession judgment unless the court, upon request of a party, finds that a shorter or longer period of time is warranted for an emergency or compelling circumstances.

(b) In no circumstances, shall this period of time be less than twenty-four (24) hours nor more than ten (10) days after entry of the possession judgment.

(2) Compelling circumstances that justifies setting the date to vacate the premises for fewer or more than seven (7) days after entry of the possession judgment include, but are not limited to:

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

(b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises; or

(c) The tenant offers evidence at the hearing that the time period should be extended due to an unpreventable circumstance that materially affects the tenant's health or safety.

(3) This section shall stand repealed on January 1, 2023.

SECTION 5. Warrant of removal; pre-filing authorized; issuance upon landlord's affirmation; stay of removal. (1) Upon issuance of a judgment of possession, the landlord may pre-file for a warrant of removal.

(2) Upon such request and the payment of the applicable, nonrefundable fees, the clerk shall immediately notify the sheriff or constable of the county in which the premises is located. The notification shall include the following:

(a) The tenant's name;

(b) The location of the premises; and

(d) The landlord's contact information.

At the request of the landlord, the clerk shall provide the landlord with a copy of the notice, electronically or in hardcopy. The landlord may provide the tenant a copy of the notification.

(3) After the expiration of the date by which the tenant must vacate under Section 4 of this act if the tenant has not relinquished possession under Section 6 of this act, the landlord may request the clerk to issue the warrant of removal by affirming that:

(a) The tenant has not relinquished possession of the rental unit; and

(b) For actions in which the judgment of possession is based on the tenant's nonpayment of rent, the tenant has not paid the sum owed to the landlord. In addition to other remedies that a tenant may resort to at law or in equity to enforce this section or to obtain actual damages for violation of it, a court shall also impose a penalty of One Thousand Dollars ($1,000.00) upon a landlord who is found to have knowingly and willfully violated this paragraph (b).

(4) Upon affirmation of the landlord, the clerk shall immediately issue the warrant of removal to the sheriff or any constable of the county in which the premises is located commanding the sheriff or constable to remove all persons from the premises, and to give physical possession of the premises to the landlord.

(5) If the notification has been complied with under subsection (1) of this section, the sheriff or any constable of the county in which the premises is located shall schedule the execution of the warrant of removal within three (3) business days unless a later date is agreed to by the landlord. The sheriff or any constable shall make every reasonable effort to give the landlord at least four (4) hours notice of the execution of the warrant of removal unless otherwise agreed by the landlord.

(6) In eviction actions in which the judgment of possession is based on the tenant's nonpayment of rent, the clerk shall not issue a warrant of removal if, by the date by which the tenant must vacate under Section 4 of this act, the tenant has paid in full the money judgment and court costs.

(7) In eviction actions in which the judgment of possession is based on the tenant's nonpayment of rent, a landlord has an obligation of good faith to accept payment of the money judgment and court costs if tendered, in full, by the tenant prior to the issuance of the warrant of removal if the tenant is otherwise current in the tenant's rent obligations under the rental agreement.

(8) The landlord shall comply with Section 6 of this act for the disposal of any personal property left by the tenant after execution of the warrant of removal.

(9) If the tenant or any other person regains possession of the premises by force, or otherwise, during the period of seventy-two (72) hours under Section 6 of this act, the landlord, if able, may recover possession of the unit without a breach of peace.

(10) The warrant of removal issued under the authority of subsection (4) of this section shall be valid during the period of seventy-two (72) hours provided to the tenant under Section 6 of this act. The landlord shall not be charged any additional fees for subsequent execution of the warrant, if necessary. If the landlord contacts the sheriff or any constable of the county in which the premises is located for a second execution of the same warrant, the sheriff or constable shall execute the warrant again on the same day.

(11) This section shall stand repealed on January 1, 2023.

SECTION 6. Disposition of tenant personal property in rental unit. (1) For purposes of this chapter, possession of a rental unit and any right to use or occupy the premises is relinquished to the landlord when:

(a) The tenant vacates the rental unit at the termination of the tenancy; or

(b) The tenant relinquishes possession of the rental unit; or

(c) The landlord obtains physical possession of the rental unit after the date noticed to the tenant to vacate the premises pursuant to a judgment.

(2) (a) If personal property remains on the premises after possession of a rental unit is relinquished to the landlord and the landlord and tenant do not agree otherwise at the time of relinquishment, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours to enable the tenant to remove the tenant's personal property, including any manufactured home.

(b) If the tenant moves out within seventy-two (72) hours of the date of relinquishment, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. After said seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord.

(d) The landlord shall not maliciously damage or harm the tenant's personal property when placing it on the curb or in a designated area for garbage.

(e) The landlord shall have no obligation to protect or preserve the tenant's property once the landlord has placed it on the curb, in a designated area for garbage or some other location agreed to by the tenant and the landlord and shall have no liability for any damage to the personal property caused by the natural elements.

(3) A landlord is authorized to immediately dispose of perishable food, hazardous material, garbage and trash from the rental unit directly to an area designated for garbage. Unless the tenant is present and willing to care for any animals relinquished in the rental unit, the landlord may deliver any animals remaining in the rental unit to an animal-control officer or humane society.

(4) The disposal of the personal property from a rental unit does not transfer the ownership of the personal property to a landlord. A landlord shall not retain or sell any of a tenant's personal property.

(5) A landlord who complies with this section is not liable to the tenant or another person for a claim arising from removal or disposal of personal property from the premises.

(6) For the purposes of this section, "personal property" does not include:

(a) Any vehicle subject to registration under Title 63, Chapter 21, Mississippi Code of 1972; and

(b) Any motorboat numbered under Title 59, Chapter 21, Mississippi Code of 1972.

(7) This section shall stand repealed on January 1, 2023.

SECTION 7. Sections 89-7-31, 89-7-33, 89-7-35 and 89-7-41, Mississippi Code of 1972, which govern the issuance of summons, the service of summons, the issuance of a warrant of removal, and the form of judgment in actions for eviction of a tenant, shall stand repealed.

SECTION 8. Sections 89-7-1 through 89-7-49, Mississippi Code of 1972, which provide the substantive provisions of landlord-tenant law in the state, shall stand repealed on January 1, 2023

SECTION 9. Sections 89-8-1 through 89-8-29, Mississippi Code of 1972, which is the "Residential Landlord and Tenant Act," shall stand repealed on January 1, 2023.

SECTION 10. Short title. This chapter shall be known and may be cited as the "Comprehensive Landlord and Tenant Act."

SECTION 11. Applicability. (1) Subject to subsection (2) of this section, this chapter shall govern the leasing of real property in this state for all purposes, including commercial, agricultural and residential for all rental agreements entered into after the effective date of this act.

(2) The following arrangements are not governed by this chapter:

(a) Residence at a public or private facility, if incidental to detention or the provision of medical, mental health, geriatric, counseling, educational, religious, disability, personal safety or similar service;

(b) Occupancy under a written contract of sale of, or a written option to purchase, a rental unit, mobile home, mobile home lot, building or structure, if the occupant is the purchaser or optionee or an individual who has succeeded to the interest of the purchaser or optionee;

(c) Occupancy by a member of a fraternal or social organization in a part of a structure operated for the benefit of the organization;

(d) Transient occupancy in a hotel, motel or lodgings;

(e) Occupancy by an employee of a landlord when the employee's right to occupancy is conditioned on employment in or about the premises;

(f) Occupancy by a holder of a proprietary lease in a cooperative;

(g) 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 such premises are leased for less than fair market value; or

(h) Occupancy under an agreement where a rental space is offered for occupancy by a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use that has its own motor or is mounted on or drawn by another vehicle, and includes travel trailers, fifth-wheel trailers, camping trailers, truck campers and motor homes.

(3) Unless displaced by the particular provisions of this chapter, the principles of law and equity shall supplement this chapter.

SECTION 12. Definitions. As used in this chapter, the following terms shall have the meanings herein ascribed unless the context requires otherwise:

(a) "Actual damages" means compensation for direct, consequential, or incidental injuries or losses payable to a landlord or tenant for breach of the rental agreement or for violation of this chapter.

(b) "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.

(c) "Commercial unit" means property leased for use as a business or nonprofit endeavor by a person or two (2) or more persons. The term includes any building, structure, or portion thereof which is leased for occupancy and any vacant land which is leased for the location thereon of any such business, building, structure, or portion thereof.

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

(e) "Dwelling unit" means property leased for use as a home, residence or sleeping place by an individual or two (2) or more individuals who maintain a common household. The term includes any building, structure, or portion thereof which is leased for residential occupancy and any vacant land which is leased for the location thereon of any such home, residence, sleeping place, building, structure, or portion thereof.

(f) "Fees" means reasonable amounts payable by a tenant to a landlord which the landlord has no obligation under this chapter to account for or return to the tenant except as provided in Section 28(2) of this act. "Fees" do not include a security deposit.

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

(h) "Guest" means an individual, other than the landlord or landlord's agent, invited on the premises by a tenant, another member of the common household, or, in the case of a commercial tenant, a tenant's agent.

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

(j) "Judgment of possession" means a judgment granting or denying the landlord exclusive possession of the premises pursuant to this chapter. "Judgment of possession" does not include the term "monetary judgment."

(k) "Landlord" means:

(i) The owner, lessor or sublessor of a rental unit;

(ii) The agent representing such owner, lessor or sublessor;

(iii) A successor in interest to the owner of a rental unit; or

(iv) A sublessor, only if the landlord did not consent to the sublease.

"Landlord" includes residential and commercial landlords unless otherwise provided. "Residential landlord" does not include a commercial landlord. "Commercial landlord" does not include a residential landlord.

(l) "Member of the common household" includes, but is not limited to, persons who habitually reside in a dwelling unit with a tenant, including, but not limited to:

(i) An individual related to the tenant by blood, adoption, or marriage, or civil union;

(ii) An individual having an intimate relationship with the tenant; or

(iii) A foster child, a stepchild, a ward of the tenant or a ward of an individual named in subparagraph (i) or (ii) of this paragraph.

(m) "Mobile home" means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed or other trailer.

(n) "Mobile home lot" means a parcel of real property leased for purposes of a mobile home owned by the tenant or a third party being situated on the parcel.

(o) "Monetary judgment" means a final judgment on a claim or counterclaim for actual damages. "Money judgment" does not include the term "judgment of possession";

(p) "Owner" means a person who is vested with all or part of:

(i) Legal title to the premises; or

(ii) Beneficial ownership and a right to future use and enjoyment of the premises.

(q) "Periodic tenancy" means a rental agreement of no fixed duration on either a month-to-month or week-to-week basis.

(r) "Permitted person" means the tenant and any members of the common household entitled under a rental agreement to the possession, occupancy, use and enjoyment of a dwelling unit, and the tenant and the tenant's agents entitled under a rental agreement to the possession, occupancy, use and enjoyment of a commercial unit.

(s) "Person" means that term as defined in Section 1-3-39.

(t) "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 and enjoyment is leased or rented to the tenant.

(u) "Prepaid rent" means rent paid to a landlord before the first day of the rental period to which it is to be applied.

(v) "Qualified tenant management organization" means an entity established or organized under the laws of Mississippi, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this chapter 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 contract.

(w) "Rent" means all payments to be made to the landlord under the rental agreement, including any late fees due under the terms of the rental agreement.

(x) "Rental agreement" means a written or oral contract as authorized by this chapter that conveys the possession, occupancy, use, and enjoyment of a rental unit in exchange for rent. The terms "rental agreement" and "lease" are equivalent for purposes of this chapter.

(y) "Rental unit" means a term that is inclusive of the term "commercial unit" and the term "dwelling unit." A singular reference to "rental unit" applies equally to a commercial unit and a dwelling unit. A plural reference to "rental units" means any combination of commercial units or dwelling units.

(z) "Security deposit" means funds provided to a landlord to secure payment or performance of a tenant's obligation under a rental agreement or this chapter and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.

(aa) "Tenancy for a fixed term" means a written rental agreement signed by the parties for a fixed or computable period of time.

(bb) "Tenant" means a person entitled under a rental agreement to the possession, occupancy, use and enjoyment of a rental unit.

(cc) "Unearned rent" means rent and prepaid rent paid to a landlord for any period of time beyond the termination of the tenancy.

(dd) "Willful" means intentional performance of an act the actor knows to be prohibited by this chapter or a rental agreement, intentional failure to perform an act the actor knows to be required by this chapter or the rental agreement, or deliberate indifference to whether the performance or failure to perform violates this chapter or the rental agreement. "Willfully" has a corresponding meaning.

SECTION 13. Jurisdiction. (1) Jurisdiction to grant relief or enforcement of rights under this chapter shall lie in the justice court, county court or circuit court for the county and district where the premises, or part thereof, are located.

(2) (a) Notwithstanding subsection (1) of this section, actions seeking eviction shall be initiated only in the justice courts and county courts and such actions shall not be limited by any monetary jurisdictional limit.

(b) No court may grant damages arising under this chapter in excess of the statutory jurisdictional limits of the court.

SECTION 14. Good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

SECTION 15. Knowledge; written notice; electronic notice; notice to agent. (1) (a) Under this chapter, a person has notice of a fact if the person:

(i) Has actual knowledge of the fact;

(ii) Received notice of the fact under subsection (2) of this section; or

(iii) Has reason to know the fact exists from all facts known to the persons at the time in question.

(b) Paragraph (a)(i) and (iii) of this subsection shall not be construed to remove the requirement of any notice necessary to commence legal proceedings under this chapter.

(2) Unless otherwise provided by this chapter, any notice must be in writing and may be:

(a) Delivered personally to the recipient;

(b) Attached firmly to the door or doorframe of the main entrance to the tenant's rental unit;

(d) Delivered by email, text message or other electronic format if the recipient has agreed in writing to be notified in that manner.

(3) For notice personally delivered under paragraph (a) of this subsection:

(a) Notice given to the agent of the landlord shall be notice to the landlord;

(b) For notice to residential tenants, notice delivered to a member of the common household who is at least sixteen (16) years old shall be notice to the tenant; or

SECTION 16. Required disclosures by landlord. If the dwelling unit to be rented is part of a multiunit rental complex, then the prospective landlord shall make the following disclosures:

(a) Before accepting an application fee, the prospective landlord shall disclose to the prospective tenant in writing the criteria used for determining whether to offer a rental agreement to an applicant;

(b) Before accepting funds to be applied to a security deposit, prepaid rent, or fees other than an application fee, or before entering into a rental agreement, a prospective landlord shall disclose to the prospective tenant in writing the following:

(i) Any condition of the premises which the landlord knows, or should know upon a reasonable inspection of the premises, may materially affect the health or safety of the tenant or member of the common household or may materially interfere with the use and enjoyment of the premises by the tenant or member of the common household;

(ii) Whether, to the knowledge of the landlord, a foreclosure action or nonjudicial foreclosure has been commenced against the premises;

(iii) If rent is prepaid, the month or other period of the rental agreement to which the rent is to be applied; and

(iv) The rules affecting the tenant's use and enjoyment of the premises.

SECTION 17. Landlord to provide certain information. (1) At or before commencement of any rental agreement for a dwelling unit, the landlord shall specify to the tenant:

(a) The name of the landlord and any person authorized to manage the premises;

(b) The address to, and the method by, which the tenant must deliver rent;

(d) Whether such notice may be given by email, text message, or other electronic format and, if so, the email address, number for delivery of a text message or the address of any other electronic format.

(2) Failure to provide the information in subsection (1) of this section does not invalidate the rental agreement.

SECTION 18. Required disclosures by tenant. (1) At or before commencement of any rental agreement for a dwelling unit, the tenant shall specify to the landlord:

(a) The mailing address for delivering any notice required under this chapter; and

(b) Whether such notice may be given by email, text message, or other electronic format and, if so, the email address, number for delivery of a text message or the address of any other electronic format.

(2) On termination of the rental agreement, the tenant shall provide the landlord a forwarding address for sending the security deposit or any unearned rent.

(3) Failure to provide the information in subsections (1) and (2) of this section does not invalidate the rental agreement.

SECTION 19. Fixed-term tenancy; general provisions. (1) A tenancy for a fixed term expires on the date stated in the rental agreement and neither party is required to give additional notice of its expiration. Unless a landlord and tenant otherwise agree in writing, if the tenant remains in possession with the landlord's consent or acceptance of rent after expiration of a tenancy for a fixed term, a periodic tenancy for month-to-month arises by operation of law under the same terms as the expired rental agreement.

(2) A tenancy for a fixed term must be in writing and signed by the landlord, or the landlord's agent, and the tenant.

(3) A rental agreement not in writing or signed by the parties shall be treated as a periodic tenancy under this chapter.

SECTION 20. Periodic tenancy; general provisions. (1) Any rental agreement without a fixed term is a periodic tenancy.

(2) If the tenant pays weekly rent, then the periodic tenancy is week-to-week. All other periodic tenancies are month-to-month.

SECTION 21. Payment of rent; general provisions. Unless a rental agreement or law other than this chapter otherwise provides:

(a) Rent is:

(i) Payable without demand or notice:

1. At the address or place the landlord designates or, if no designation is made, at the landlord's place of business at the time the rental agreement was made; and

2. On the first day of each month or at the beginning of the term if the term is less than one (1) month; and

(ii) Uniformly apportioned from day-to-day; and

(b) A rental period is on a monthly basis beginning with the first day of the month for a tenancy for a fixed term of more than one (1) month or a periodic tenancy of month-to-month and, for all other tenancies, the rental period begins on the first day rent is paid.

SECTION 22. Effect of unsigned rental agreement; implied rental agreement. (1) (a) Subject to paragraph (b) of this subsection:

(i) If a rental agreement signed by the tenant is delivered to the landlord and the landlord fails to sign the rental agreement and return it to the tenant, acceptance of rent by the landlord without a reservation of rights gives the rental agreement the same effect as if the rental agreement had been signed by the landlord and returned to the tenant.

(ii) If a rental agreement signed by the landlord is delivered to the tenant and the tenant fails to sign the rental agreement and return it to the landlord, acceptance of possession and payment of rent without a reservation of rights gives the rental agreement the same effect as if the rental agreement had been signed by the tenant and returned to the landlord.

(b) If an unsigned rental agreement given effect under this subsection provides for a tenancy for a fixed term longer than one (1) year, the rental agreement is effective for one (1) year.

(2) Absent a rental agreement signed by the landlord or tenant which is delivered to the other, if the tenant accepts possession and pays rent to the landlord without a reservation of rights and the landlord accepts rent from the tenant without a reservation of rights, a periodic tenancy shall be created.

SECTION 23. Prohibited rental agreement terms. A rental agreement may not:

(a) Waive any rights, duties or remedies under this chapter, unless permitted by this chapter;

(b) Authorize any person to confess judgment on a claim arising out of the rental agreement;

(d) Authorize a person to perform a duty imposed upon the landlord of a dwelling unit unless provided for by this chapter. An authorization to perform a duty imposed upon a the landlord of a rental unit does not relieve the landlord of ultimate liability in regard to a violation of a landlord's duties under the rental agreement or this chapter.

SECTION 24. Expiration of term rental agreement. (1) Notwithstanding the notice provisions of Section 39 of this act, when a rental agreement is a tenancy for a fixed term and that term has expired and has not become a periodic tenancy by operation of law, the landlord may immediately file for an eviction to recover possession of the dwelling unit if such action by the landlord does not have the dominant purpose of retaliating against the tenant for exercising the tenant's rights under the rental agreement, this chapter, or other law.

(2) Notwithstanding the notice provisions of Section 33 of this act, when a rental agreement is a tenancy for a fixed term and that term has expired and has not become a periodic tenancy by operation of law, the tenant may vacate without notice or further obligation to the landlord.

SECTION 25. Expiration of periodic tenancy; notice. (1) A month-to-month periodic tenancy expires after a landlord or tenant gives the other at least thirty (30) days' written notice that the rental agreement will not be renewed after the current period expires.

(2) A week-to-week periodic tenancy expires after a landlord or tenant gives the other at least seven (7) days' written notice that the rental agreement will not be renewed after the current period expires.

SECTION 26. Holding over after expiration; remedy. (1) When a term rental agreement has expired, and has not become a periodic tenancy by operation of law, and the tenant fails to vacate the rental unit, then the tenant shall be obligated to the landlord for two (2) times the periodic rent that was agreed to in the expired rental agreement for the time period that the tenant continues in possession of the rental unit following the expiration of the term.

(2) When a periodic rental agreement has expired after written notice and the tenant fails to vacate the premises, then the tenant shall be obligated to the landlord for two (2) times the periodic rent that was agreed to in the expired rental agreement for the time period that the tenant continues in possession of the premises following the expiration of the term.

(3) Unless the landlord can demonstrate actual damages in an amount greater than two (2) times the periodic rent, a money judgment for two (2) times the periodic rent is the landlord's sole remedy for monetary damages against a tenant holding over after the expiration of the rental agreement. A landlord who can demonstrate actual damages in an amount greater than two (2) times the periodic rent is entitled to a money judgment for two (2) times the periodic rent in addition to the amount of actual damages that exceed the award of two (2) times the periodic rent.

SECTION 27. Attorney's fees and costs. (1) For purposes of this section, "prevailing party" means a party that:

(a) Initiated the enforcement of a right or remedy under a rental agreement or this chapter and substantially prevailed on the right or remedy asserted; or

(b) Substantially prevailed in defending against a right or remedy asserted by the other party.

(2) (a) In actions concerning dwelling units or mobile home lots where the rental agreement does not provide for attorney's fees, the court may award the prevailing party reasonable attorney's fees if the court determines that the other party did not act in good faith, willfully performed an act prohibited by the rental agreement or this chapter, or willfully refrained from performing an act required by the rental agreement or this chapter.

(b) In actions concerning dwelling units or mobile home lots where the rental agreement provides for attorney's fees, the court shall award the prevailing party reasonable attorney's fees.

(3) In actions concerning commercial units, the court shall award the prevailing party reasonable attorney's fees:

(a) If the court determines that the other party did not act in good faith; or

(b) As otherwise provided for by the rental agreement or other written agreement of the parties.

SECTION 28. Delivery of possession of premises to tenant. A landlord shall deliver physical possession of the premises to the tenant at the commencement of the term of the rental agreement.

SECTION 29. Residential landlord's duties for dwelling units. (1) A landlord shall at all times during the tenancy:

(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;

(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the rental agreement, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant.

(2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant's permission.

(3) Subject to the provisions of Section 23 of this act, the landlord and tenant may agree in writing that the tenant perform some or all of the landlord's duties under this section, but only if the transaction is entered into in good faith.

(4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant's affirmative act or failure to comply with his obligations under Section 38 of this act.

SECTION 30. Agreement by tenant to perform specific repairs. (1) A residential landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alteration or remodeling if:

(a) (i) The agreement is clearly designated in the rental agreement; or

(ii) In a signed writing by the parties separate from the rental agreement;

(b) The agreement does not affect the obligation of the landlord to other tenants on the premises.

(2) A residential landlord may not treat performance of an agreement described in subsection (1) of this section as a condition precedent to the landlord's performance of any obligation under the rental agreement or this chapter.

(3) A tenant does not have an action against the residential landlord under this chapter for a defect caused by:

(a) The willful or negligent act of the tenant, member of the common household or guest; or

(b) The tenant's violation of Section 38 of this act.

SECTION 31. Landlord's contract with agent. A landlord may contract with an agent to assume any or all the rights and duties of the landlord under this chapter. An agreement under this section does not relieve the landlord of ultimate liability in regard to a violation of a landlord's duties under the rental agreement or this chapter.

SECTION 32. Use and occupancy rules for dwelling units. (1) A residential landlord may adopt written rules or regulations, or amend existing ones, that affect the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

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

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

(d) Sufficiently explicit in their prohibition, direction or limitation of what is required for compliance;

(e) Not adopted to evade the residential landlord's duties under the rental agreement or this chapter;

(f) Reasonable notice of its adoption or amendment is given to the tenant; and

(g) Implementation does not work a substantial modification of the rental agreement.

(2) If the dwelling unit is an apartment in a horizontal property regime, the residential landlord shall provide the tenant and 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 residential landlord shall provide the tenant and the tenant shall comply with the bylaws of the corporation.

(3) Unless otherwise provided in the rental agreement, the tenant shall occupy a dwelling unit only as a dwelling unit.

SECTION 33. Notice to landlord of breach and opportunity to remedy. Except as otherwise provided in Section 37 of this act, if a landlord fails to comply with the rental agreement or a residential landlord fails to comply with Section 29 of this act, the tenant has the remedies under Section 34 of this act if the tenant gives the landlord written notice that:

(a) Written notice of the noncompliance; and

(b) An opportunity to remedy the noncompliance not later than fourteen (14) days after the tenant gave notice. SECTION 34. Noncompliance by landlord; generally. (1) Except as otherwise provided in Section 37 of this act, if a landlord's noncompliance with the rental agreement or a residential landlord's noncompliance with Section 29 of this act materially interferes with the health and safety of a permitted person or materially interferes with the use and enjoyment of the premises by a permitted person and the noncompliance is not remedied during the applicable period specified in Section 33 of this act, the tenant may:

(a) Terminate the rental agreement, as provided in Section 36 of this act; or

(b) Continue the rental agreement and elect one or more of the following remedies:

(i) Recover actual damages; or

(ii) Obtain injunctive relief, specific performance, or other equitable relief.

(2) If a landlord's noncompliance with the rental agreement or a residential landlord's noncompliance with Section 29 of this act does not materially interfere with the health or safety of a permitted person or the use and enjoyment of the premises by a permitted person, the tenant remedies under this section are limited to one or more of the remedies provided in subsection (1)(b) of this section.

(3) A tenant is not entitled to a remedy under this section to the extent:

(a) The noncompliance under this section was caused by an act or omission of a permitted person or a tenant's customers; or

(b) The permitted person or a tenant's customers prevented the landlord from having access to the rental unit to remedy the act or omission described in the notice under Section 33 of this act.

SECTION 35. Limitations on remedies. (1) If the rental unit or other part of the premises is substantially damaged or destroyed by a fire, other casualty, or natural disaster and:

(a) The rental unit or other part of the premises is uninhabitable or inaccessible or continued occupancy of the rental unit is unlawful or dangerous, the tenant may vacate the rental unit immediately and, not later than seven (7) days after vacating the unit, give the landlord notice of the tenant's intent to terminate the rental agreement, in which case the rental agreement terminates as of the date the tenant vacates the rental unit; or

(b) Continued occupancy of the rental unit is lawful, the tenant, after complying with Section 33 of this act, may continue the rental agreement and seek the remedies provided in Section 34(1)(b) of this act unless the landlord terminates the rental agreement under subsection (2) of this section.

(2) If the rental unit or other part of the premises is substantially damaged by a fire, other casualty, or natural disaster and continued occupancy of the unit is unlawful or dangerous or requires repairs that can reasonably be made only if the tenant vacates the rental unit, the landlord may terminate the rental agreement by giving the tenant written notice that the rental agreement will terminate on a specified date, which must be at least fourteen (14) days after the notice is given.

(3) If a landlord's noncompliance with the rental agreement or a residential landlord's noncompliance with Section 29 of this act, materially interferes with the health or safety of a permitted person or the use and enjoyment of the premises by a permitted person and it is impossible for the landlord to remedy the noncompliance within the applicable notice period under Section 33 of this act, the tenant may terminate the rental agreement as provided in Section 36 of this act.

(4) If a landlord's noncompliance with the rental agreement or a residential landlord's noncompliance with Section 29 of this act materially interferes with the health or safety of a permitted person or the use and enjoyment of the premises by a permitted person and it is impossible for the landlord to remedy the noncompliance within the applicable notice period under Section 33 of this act, the landlord may terminate the rental agreement by giving the tenant written notice that the rental agreement will terminate on a specified date, which must be at least fourteen (14) days after the landlord gives the notice.

(5) If a rental agreement is terminated under this section, the landlord shall return any security deposit and unearned rent to which the tenant is entitled under Section 50 of this act.

(6) This section does not preclude:

(a) A landlord from seeking actual damages from the tenant under law other than this chapter for damage to the premises caused by an act or omission of the tenant, a member of the common household, a guest, a tenant's agent or a tenant's customers; or

(b) A tenant from seeking actual damages from the landlord under law other than this chapter if the fire or other casualty was caused by an act or omission of the landlord or landlord's agent.

SECTION 36. Material noncompliance by landlord; termination of rental agreement. (1) If a landlord's noncompliance with the rental agreement or a residential landlord's noncompliance with Section 29 of this act materially interferes with the health or safety of a permitted person and the noncompliance is not remedied within the period specified in Section 33(b) of this act, the tenant may terminate the rental agreement by giving the landlord written notice of the tenant's intent to terminate the rental agreement immediately.

(2) In addition to terminating a rental agreement as provided in subsection (1) of this section, the tenant may recover actual damages.

(3) If a tenant terminates a rental agreement under this section, the landlord shall return any security deposit and unearned rent to which the tenant is entitled under Section 50 of this act.

SECTION 37. Landlord failure to deliver possession to tenant. (1) Except as otherwise provided in subsection (4) of this section, if a landlord does not deliver physical possession of the rental unit to the tenant, the tenant is not required to pay rent until possession is delivered and may:

(a) Terminate the rental agreement by giving written notice to the landlord at any time before the landlord delivers possession of the rental unit to the tenant;

(b) Accept physical possession at a later date agreed upon in writing by landlord and tenant, in which case rent will be pro-rated to reflect the actual date the landlord delivered physical possession to the tenant; or

(i) Recover actual damages and obtain possession of the rental unit from the landlord; or

(ii) Obtain possession of the rental unit from any person wrongfully in possession by any lawful means the landlord could have used.

(2) If a tenant terminates the rental agreement under subsection (1)(a) of this section, the landlord shall return any amounts received from the tenant before the commencement of the term of the rental agreement.

(3) In addition to the rights of a tenant under subsections (1) and (2) of this section, if a landlord's failure to deliver possession to the tenant is willful, the tenant may recover twice the periodic rent or the actual damages, whichever is greater.

(4) If a tenant seeks possession under subsection (1)(c)(ii) of this section, the tenant is liable to the landlord for rent and may recover from the person wrongfully in possession of the damages provided in Section 26 of this act.

SECTION 38. Tenant's duties. (1) In this section, "normal wear and tear" means deterioration that results from the intended use of a dwelling unit or fixtures and improvements located on the premises, including breakage or malfunction due to age or deteriorated condition. The term does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, premises, fixtures, equipment or other tangible personal property by permitted person or guest.

(2) A tenant shall:

(a) Comply with the obligations imposed on the tenant by the rental agreement and this chapter;

(b) Comply with the obligations imposed on a tenant by any building, housing, fire, or health code or other law;

(c) Keep the dwelling unit reasonably safe and sanitary, except with respect to duties imposed on the landlord by the rental agreement, this chapter, or law other than this chapter;

(d) Remove all garbage, rubbish, and other debris from the unit in a clean and safe manner;

(e) Keep all plumbing fixtures in the unit reasonably clean;

(f) Use in a reasonable manner all electrical, plumbing, heating, ventilating, air-conditioning systems or appliances, any facilities in the common areas, the elevators, and any other system, appliance, or facility on the premises;

(g) Notify the landlord within a reasonable time of any condition of the premises which requires repair by the landlord under the rental agreement or Section 29 of this act;

(h) Return the dwelling unit premises to the landlord at the termination of the rental agreement in the same condition as it was at the commencement of the term of the rental agreement, with the premises free of any damage caused by the tenant, immediate family member, or guest, except for:

(i) Normal wear and tear;

(ii) Damage resulting from a cause beyond the control of the tenant, immediate family member, agent, or guest; and

(iii) Any addition and improvement installed on the premises with the landlord's consent; and

(i) Use a dwelling unit only for residential purposes unless the landlord and tenant otherwise agree.

(3) A tenant shall not:

(a) Intentionally or negligently, without the landlord's consent:

(i) Destroy, deface, damage, impair, remove or render inoperative any part of the premises;

(ii) Destroy, deface, damage, impair, remove or render inoperative any safety equipment on the premises; or

(iii) Permit any person an immediate family member or guest to do any of the acts specified in this paragraph; or

(b) Disturb the use and enjoyment of the premises by another tenant or allow a permitted person or guest to do the same; or

SECTION 39. Tenant failure to pay rent; material noncompliance. (1) Except as otherwise provided by law other than this chapter and subject to subsection (2) of this section:

(a) A landlord may terminate a rental agreement for nonpayment of rent when the rent is unpaid when due by giving the tenant notice in a record stating that if the rent remains unpaid three (3) days after the notice is given, the rental agreement will terminate on expiration of the three-day period or a later specified date; or

(b) If there is a material noncompliance with a rental agreement or this chapter by the tenant, other than nonpayment of rent, the landlord may give the tenant notice in a record specifying the act or omission constituting the noncompliance and stating that if the noncompliance is not remedied not later than fourteen (14) days after the landlord gives the notice, the rental agreement will terminate on a specified date which must be at least fourteen (14) days after the landlord gives the notice.

(2) A landlord may terminate the rental agreement without giving the tenant an opportunity to remedy a noncompliance by giving the tenant the notice described in subsection (3) of this section if:

(a) The noncompliance by the tenant, immediate family member, or guest poses an actual and imminent threat to the health or safety of any individual on the premises or the landlord or landlord's agent; or

(b) Subject to subsection (5) of this section, the tenant, permitted person, or guest has committed a criminal act on or in the premises.

(3) Written notice terminating a rental agreement under subsection (2) of this section must specify the reason for the termination and state that the rental agreement will terminate immediately or on a later specified date.

(4) Except as otherwise provided in this chapter, if a tenant fails to comply with Section 38 of this act, the landlord may:

(a) Obtain injunctive relief or specific performance; or

(b) Regardless of whether the rental agreement terminates as a result of the tenant's noncompliance, recover actual damages for a commercial unit and liquidated damages as provided by the rental agreement for a commercial unit.

(5) A landlord may not terminate a rental agreement under subsection (2)(b) of this section if the criminal act was the act of an immediate family member or guest, and the tenant:

(a) Neither knew nor should have known the act was going to be committed; and

(b) Took reasonable steps to ensure that there will not be a repeated criminal act on the premises by the immediate family member or guest.

SECTION 40. Notice to tenant of immediate termination of the tenancy; temporary possession. (1) A landlord may deliver notice of the immediate termination of the tenancy if:

(a) The tenant has committed a substantial violation of the rental agreement or this chapter that is a serious threat to the health or safety of other tenants, the landlord or guests on the premises;

(b) (i) The tenant threatens the health or safety of other tenants, the landlord or guests on the premises; or

(ii) The tenant has caused serious bodily injury to other tenants, the landlord or guests on the premises;

(ii) The tenant has willfully caused substantial damage to the premises.

(2) (a) A landlord who delivers the notice in subsection (3)(a) of this section shall offer the tenant:

(i) The opportunity to remedy the breach, except for a breach under subsection (1)(b)(ii) or (1)(c)(ii); or

(ii) Immediately vacate the dwelling unit.

(b) If the tenants have threatened the health or safety of the landlord, the landlord may contact a local law enforcement agency to assist in the delivery of notice in paragraph (a) of this subsection.

(c) If the tenant is unable under subsection (1)(b)(ii) or (1)(c)(ii) to remedy the breach or refuses to remedy the breach or refuses to immediately vacate the premises, the landlord shall contact a local law enforcement agency who shall assist the landlord in securing temporary possession of the rental unit by ejecting the tenant. The tenant shall be allowed to remove whatever personal property that the tenant desires to remove from the rental unit and the premises within a reasonable timeframe in the discretion of the law enforcement officer.

(d) After the tenant has removed the personal property as described in paragraph (c) of this subsection, the landlord shall change the lock on the premises.

(e) (i) The same or next business day after securing temporary possession under paragraph (c) of this subsection, the landlord shall file for a judgement of possession. The landlord may also request a money judgement for unpaid rent and fees then owed and actual damages resulting from the tenant's substantial violation of the rental agreement; and

(ii) The clerk shall accept the landlord's filing for a judgment of possession and a money judgment or both and, upon return of service under the applicable Mississippi Rules of Court, schedule an expedited hearing within three (3) business days of the filing.

SECTION 41. Distraint or distress for rent abolished for residential units; lien prohibited on residential tenant's property. (1) Distraint or distress for rent is abolished for property located on the premises of a residential unit.

(2) A residential landlord may not create, perfect, or enforce a lien or security interest on a tenant's tangible property to secure the tenant's performance under the rental agreement or this chapter.

(3) For the purposes of this section, "property" does not include:

(a) Any vehicle subject to registration under Title 63, Chapter 21, Mississippi Code of 1972; and

(b) Any motorboat numbered under Title 59, Chapter 21, Mississippi Code of 1972.

SECTION 42. Tenant's abandonment of rental unit. (1) A tenant abandons a rental unit if:

(a) The tenant delivers possession of the rental unit to the landlord before the end of the term or period by returning the keys or other means of access or otherwise notifies the landlord that the rental unit has been vacated; or

(b) Rent due was not paid for at least five (5) days and the tenant has:

(i) 1. Vacated the dwelling unit by removing substantially all of the tenant's personal property from the dwelling unit and the premises; and

2. Caused the termination of a utility service; or

(ii) Otherwise indicated by words or conduct that the tenant has no future intention to possess the dwelling unit.

(2) If a tenant abandons the rental unit before the end of the term or period, the landlord may:

(a) Accept the tenant's abandonment of the rental unit by giving notice to the tenant of that acceptance, in which case:

(i) The rental agreement terminates on the date of abandonment.

(ii) The landlord and tenant are liable to each other under the rental agreement only for a noncompliance with the rental agreement or this chapter which occurred prior to the abandonment.

(iii) The landlord shall return any security deposit and unearned rent to which the tenant is entitled under this chapter.

(iv) The landlord may recover possession of the dwelling unit without a court order and may remove any personal property, other than a mobile home, remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord.

(b) Treat the abandonment as a breach of the rental agreement if the abandonment occurs prior to the expiration of the fixed term and resort to any remedy at law or in equity, not prohibited herein.

(c) Treat the tenant's abandonment of the rental unit as wrongful if the abandonment occurs prior to the expiration of the period and resort to any remedy at law or in equity, not prohibited herein.

(3) If a landlord treats the tenant's abandonment of the rental unit as a breach of the rental agreement, the tenant remains liable under the rental agreement subject to subsection (4) of this section.

(4) If a landlord treats the tenant's abandonment of the rental unit as a breach of the rental agreement, the landlord has a duty to mitigate damages by making a reasonable effort to rent the dwelling unit, subject to the following:

(a) The landlord's duty to mitigate damages does not require the landlord to rent the abandoned dwelling unit before the landlord leases other dwelling units the landlord may have available as long as the landlord is acting in good faith;

(b) If the landlord leases the abandoned rental unit to another person for a term beginning before the expiration of the term of the rental agreement of the tenant who abandoned, the rental agreement with the tenant who abandoned shall terminate as of the date of the commencement of the new tenancy and the landlord may recover actual damages from the prior tenant for the period of time after the prior tenant abandoned and the new rental agreement commenced;

(c) If the landlord makes a reasonable effort to rental agreement the rental unit of the tenant who abandoned but is unable to rent it or is able to rent it for an amount less than the rent payable by the tenant who abandoned, the landlord may recover actual damages from the tenant who abandoned;

(d) If the landlord fails to make a reasonable effort to rent the vacating tenant's rental unit, the rental agreement terminates as of the date the tenant abandoned, and the landlord and tenant are liable to each other under the rental agreement or this chapter only for a noncompliance with the rental agreement or this chapter which occurred prior to the abandonment of the unit; and

(e) After deducting the landlord's actual damages, the landlord shall return any security deposit and unearned rent to which the tenant is entitled under this chapter.

SECTION 43. Landlord's access to dwelling unit; remedy for unreasonably denying entry. (1) A landlord is entitled to reasonable access to the dwelling unit and a tenant may not unreasonably refuse entry by the landlord if the landlord's reason for requesting entry is to:

(a) Inspect the dwelling unit in accordance with the terms of the rental agreement;

(b) Make a necessary or agreed to repair, alteration, or improvement;

(d) Exhibit the dwelling unit to a public official responsible for enforcing a building, housing, fire or health code.

(2) A landlord shall provide notice to the tenant at least twenty-four (24) hours prior to entry that states the reason for requesting entry and its anticipated date and approximate time. If necessary, the landlord and tenant shall make good-faith efforts to reschedule the landlord's entry for a reasonable date and time agreeable to both parties.

(3) For routine maintenance or pest control, a landlord may enter the dwelling unit without the tenant's consent if the landlord gives the tenant:

(a) Notice of intent to enter the rental unit at least forty-eight (48) hours prior to entry; or

(b) A fixed schedule for maintenance or pest control at least forty-eight (48) hours before the first scheduled entry into the unit.

(4) In an emergency or when maintenance or repairs are being made at a tenant's request, the landlord may enter the dwelling unit without the tenant's consent if the landlord gives notice that is reasonable under the circumstances. If the landlord enters the unit when the tenant is not present and notice was not given, the landlord shall leave notice of the entry in a conspicuous place in the unit stating the fact of entry, the date and time of entry, and the reason for the entry.

(5) (a) If the tenant unreasonably refuses the landlord entry to the dwelling unit under this section, the landlord may:

(i) Notice the tenant under Section 39 of this act of a noncompliance of the rental agreement or this chapter and recover actual damages or one (1) month's periodic rent, whichever is greater. Under this subparagraph (i), the court may compel the tenant to grant the landlord access to the unit; or

(ii) The landlord may terminate the rental agreement by giving the tenant written notice under Section 39 of this act.

(b) If a landlord unlawfully enters a tenant's rental unit, lawfully enters but in an unreasonable manner, or makes repeated demands to enter that are otherwise lawful but have the effect of harassing the tenant, the tenant may recover actual damages or one (1) month's periodic rent, whichever is greater, and seek injunctive relief to prevent the recurrence of the conduct.

SECTION 44. Death of a tenant of a dwelling unit or mobile home lot. (1) If a sole tenant under a rental agreement of a dwelling unit or mobile home lot dies before the end of a tenancy for a fixed term or a periodic tenancy, the tenant's surviving spouse or other permitted person who resides in the dwelling unit or on the mobile home lot may assume the rental agreement by giving the landlord written notice not later than twenty (20) days after the tenant's death stating the intent of the spouse or other permitted person to assume the rental agreement. On assuming the rental agreement, the spouse becomes the tenant under the rental agreement.

(2) Except as otherwise provided in this section or law other than this chapter, a landlord or tenant representative may terminate the rental agreement of a deceased tenant of a dwelling unit or mobile home lot by giving to the other and to the surviving spouse of the tenant or other permitted persons who resides in the dwelling unit written notice. The notice must state the rental agreement will terminate on a specified date, which must be at least thirty (30) days after the notice in the case of a tenancy for a fixed term or a specified date consistent with Section 25 of this act in the case of a periodic tenancy. Notice sent to a surviving spouse or other permitted persons must also state that the surviving spouse or other permitted persons have ten (10) days after receipt of the notice to assume the rental agreement by transmitting a written and signed notice to the landlord. If the spouse or a permitted person assumes the rental agreement, the spouse or the permitted person becomes the tenant under the rental agreement.

(3) If a deceased tenant is survived by a spouse who resides in the dwelling unit or mobile home lot, notice to terminate a rental agreement under subsection (2) of this section may not be given before the time specified in subsection (1) of this section expires.

(4) If a landlord is unable to contact a deceased tenant's surviving spouse or other permitted persons who reside in the dwelling unit or mobile home lot or tenant representative for the purpose of terminating the rental agreement under subsection (2) of this section, the landlord may terminate the rental agreement without notice if rent that was due was not paid for at least twenty (20) days.

SECTION 45. Derrick Beard Act; termination of rental agreement by co-signer on death of lessee. (1) This section shall be known and may be cited as the "Derrick Beard Act."

(2) Any cosigner of a rental agreement of a dwelling unit may terminate, and is presumed to have terminated, the rental agreement before its expiration date upon the death of the tenant who was a signatory on the rental agreement or, if there is more than one (1) tenant who are signatories, upon the death of all tenants who were signatories. The cosigner must provide notice to the landlord within thirty (30) days of the death of the tenant, or upon the death of all the tenants, if he or she chooses not to terminate the rental agreement.

(3) The termination of a rental agreement under this section shall not relieve the tenant's estate or the tenant's cosigner from liability for:

(a) The payment of rent or other sums owed before the tenant's death or the death of all the tenants;

(b) The payment of rent or other sums owed for the remainder of the month or other thirty-day period during which the death occurred; or

(c) The payment of amounts necessary to restore the premises to its condition at the commencement of the tenancy, ordinary wear and tear, excepted.

(4) Any attempted waiver by a landlord and tenant or tenant's cosigner, by contract or otherwise, of the right of termination provided by this section shall be void and unenforceable.

(5) The provisions of this section shall apply to leases entered into or renewed from and after July 1, 2011.

SECTION 46. Disposition of tenant personal property in rental unit. (1) For purposes of this section, possession of a rental unit and any right to use or occupy the premises is relinquished to the landlord when:

(a) The tenant vacates the rental unit at the termination of the tenancy;

(b) The tenant relinquishes possession of the rental unit; or

(c) The landlord obtains physical possession of the rental unit after the date noticed to the tenant to vacate the premises pursuant to a judgment of possession.

(c) The landlord shall not maliciously damage or harm the tenant's personal property when placing it on the curb or in a designated area for garbage.

(d) The landlord shall have no obligation to protect or preserve the tenant's property once the landlord has placed it on the curb, in a designated area for garbage or some other location agreed to by the tenant and the landlord and shall have no liability for any damage to the personal property caused by the natural elements.

(3) A landlord is authorized to immediately dispose of perishable food, hazardous material, garbage, and trash from the rental unit directly to an area designated for garbage. Unless the tenant is present and willing to care for any animals relinquished in the rental unit, the landlord may deliver any animals remaining in the rental unit to an animal-control officer or humane society.

(5) A landlord who complies with this section is not liable to the tenant or another person for a claim arising from removal or disposal of personal property from the premises.

(6) For the purposes of this section, "personal property" does not include:

(a) Any vehicle subject to registration under Title 63, Chapter 21, Mississippi Code of 1972; and

(b) Any motorboat numbered under Title 59, Chapter 21, Mississippi Code of 1972.

SECTION 47. Disposition of personal property upon a mobile home lot. (1) For purposes of this section, possession of a mobile home lot is relinquished to the landlord when:

(a) The tenant vacates the unit at the termination of the tenancy; or

(b) The tenant abandons the mobile home lot under Section 42 of this act; or

(2) If a mobile home remains on the mobile home lot after possession of the mobile home lot is relinquished to the landlord and the landlord and tenant do not agree otherwise at the time of relinquishment, the landlord shall:

(a) Subject to subsection (3) of this section, give the tenant and any known person possessing a lien against said mobile home written notice of the right to retrieve the mobile home and the tenant's personal property from the mobile home lot; and

(b) Leave the mobile home and personal property on the mobile home lot.

(3) The notice required by subsection (2)(a) of this section must be posted at the mobile home lot or on the mobile home in a conspicuous place and mailed to the address of the lienholder if known and:

(a) Inform the tenant of the right to contact the landlord to claim the mobile home and personal property within the period specified in subsection (4) of this section; and

(b) Provide a telephone number, electronic mail address, or physical address at which the landlord may be contacted.

(4) (a) If a tenant or lienholder contacts the landlord to claim the mobile home or personal property not later than ten (10) days after the landlord gives notice under subsection (2)(a) of this section, the landlord shall permit the tenant or lienholder to retrieve the mobile home or personal property not later than ten (10) days after the date of contact or within a longer period to which the parties agree.

(b) Any lienholder who retrieves a mobile home under this chapter shall pay the landlord for any arrears in rent owed by the tenant to the landlord. A landlord who receives the full amount of arrears owed to the landlord by the tenant from a lienholder of a mobile home shall assign the landlord's rights for any other damages to the lienholder in a written agreement.

(5) The tenant and lienholder shall be liable to the landlord for any damages to the mobile home lot or the property of the landlord as result of the removal of the mobile home. The landlord shall be entitled to recover from tenant costs suffered in removing the mobile home from the mobile home lot and storing the same for up to two (2) months if the mobile home is not timely retrieved by the tenant.

(6) This section does not prohibit a landlord from immediately disposing of perishable food, hazardous material, garbage, and trash or delivering an animal to an animal-control officer or humane society.

(7) Unless a landlord and tenant otherwise agree, if the tenant fails to contact the landlord or retrieve the personal property as provided in subsection (4) of this section, the mobile home and personal property is deemed abandoned and shall be disposed of in the following methods:

(a) If a sale is economically feasible, the landlord shall sell the mobile home and, after deducting the reasonable cost of inventorying, moving, storing, and disposing of the mobile home and personal property, shall treat the proceeds as part of the tenant's security deposit;

(b) If a sale is not economically feasible, the landlord may dispose of the mobile home in any manner the landlord considers appropriate; or

(8) A landlord that complies with this section is not liable to the tenant or another person for a claim arising from removal of personal property from the premises.

(9) Notwithstanding subsection (2) of this section, a landlord shall not be liable to a tenant or another person for a claim arising from removal or disposition of a mobile home or personal property left on the premises after the expiration of thirty (30) days following the premises being relinquished to the landlord as set forth in subsection (1) of this section if the landlord disposes of said property pursuant to subsection (7) of this section and the tenant had access to retrieve the mobile home and personal property during that time.

(10) For the purposes of this section, "personal property" does not include:

(a) Any vehicle subject to registration under Title 63, Chapter 21, Mississippi Code of 1972; and

(b) Any motorboat numbered under Title 59, Chapter 21, Mississippi Code of 1972.

SECTION 48. Removal of personal property of deceased tenant by tenant representative. (1) If a landlord knows that a tenant who was the sole occupant of the dwelling unit has died, the landlord:

(a) Shall notify a tenant representative of the death;

(b) Shall give the representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;

(d) Shall pay the representative the deceased tenant's security deposit and unearned rent to which the tenant otherwise would have been entitled under Section 50 of this act.

(2) A contact person or heir accepts appointment as a tenant representative by exercising authority under this chapter or other assertion or conduct indicating acceptance.

(3) The authority of a contact person or heir to act under this chapter terminates when the person, heir, or landlord knows that a personal representative has been appointed for the deceased tenant's estate.

(4) A landlord who complies with this section is not liable to the tenant's estate or another person for unearned rent, a security deposit, or a claim arising from removal of personal property from the premises.

(5) A landlord who willfully violates subsection (1) of this section is liable to the estate of the deceased tenant for actual damages.

(6) In addition to the rights provided in this section, a tenant representative has the deceased tenant's rights and responsibilities under Section 46 of this act.

SECTION 49. Disposition of personal property of deceased tenant without tenant representative. (1) If a landlord knows of the death of a tenant who, at the time of death, was the sole occupant of a dwelling unit, and the landlord terminates the rental agreement under Section 44(4) of this act because the landlord is unable to contact a tenant representative, the landlord:

(a) Shall mail notice to the tenant at the tenant's last-known address or other address of the tenant known to the landlord and to any person the tenant has told the landlord to contact in the case of an emergency stating:

(i) The name of the tenant and address of the dwelling unit;

(ii) The approximate date of the tenant's death;

(iii) That, if the personal property on the premises is not claimed within thirty (30) days after the notice was sent, the property is subject to disposal by the landlord; and

(iv) The landlord's name, telephone number, and mail or electronic mail address at which the landlord may be contacted to claim the property; and

(b) With the exercise of reasonable care, may leave the property in the dwelling unit or inventory the property and store it on the premises or in another place of safekeeping.

(2) In addition to subsection (1)(a) of this section, the landlord shall make any other reasonable inquiries and efforts to locate a tenant representative.

(3) If a tenant representative is subsequently identified, the representative may retrieve the deceased tenant's personal property from the landlord not later than thirty (30) days after the notice under subsection (1) of this section. The landlord may require the representative to pay the reasonable inventorying, moving, and storage costs before retrieving the property.

(4) If a deceased tenant's personal property is not retrieved within the time specified in subsection (3) of this section, the property shall be deemed abandoned by operation of law and:

(a) If a sale is economically feasible, the landlord shall sell the property and, after deducting the reasonable cost of inventorying, moving, storing and disposing of the property, shall treat the proceeds as part of the tenant's security deposit; or

(b) If a sale is not economically feasible, the landlord may dispose of the property in any manner the landlord considers appropriate.

(5) A landlord that complies with this section is not liable to the tenant's estate or another person for a claim arising from removal of personal property from the premises.

SECTION 50. Returning security deposit and unearned rent. (1) Within forty-five (45) days after the expiration or termination of the rental agreement and the return of possession to the landlord, the landlord shall return to the tenant the security deposit and any unearned rent less any amounts claimed in good faith by the landlord under this section.

(2) The landlord may retain a portion of the security deposit that is necessary to:

(a) Remedy the tenant's defaults in the payment of rent;

(b) Repair damage to the premises due to a violation of the tenant's obligations under Section 38 of this act, exclusive of ordinary wear and tear;

(c) Clean the premises if it is unreasonably dirty due to a violation of the tenant's obligations under Section 38, exclusive of ordinary wear and tear;

(d) Remove personal property left on the premises by the tenant; and

(e) Recoup for other reasonable and necessary expenses incurred as the result of the tenant's default.

If claiming all or any portion of the security deposit, the landlord shall deliver notice to the tenant that itemizes the amounts claimed and the reason for their retention.

(3) The claim of a tenant for the return of the security deposit or unearned rent shall have priority over the claim of any creditor of the landlord.

(4) A court may award a tenant a penalty in the amount of One Thousand Dollars ($1,000.00) if it finds that a landlord retained a portion of the security deposit or unearned rent in violation of this section.

(5) If the security deposit and unearned rent retained by a landlord are insufficient to satisfy the tenant's obligations under the rental agreement and this chapter, the landlord may recover from the tenant the amount necessary to satisfy those obligations by resorting to any remedy at law or in equity.

SECTION 51. Landlord's remedies without an eviction; prohibitions; tenant remedy. (1) Without seeking an eviction, a landlord may:

(a) Attempt to secure possession of a rental unit by agreement from a tenant;

(b) Comply with Section 40 of this act to secure temporary possession with the assistance of a law enforcement officer; or

(c) Stop paying for a service with a utility provider for any utility for which the landlord is responsible for providing to the tenant against a tenant who is holding over under Section 26 of this act, failing to pay rent under Section 39(1) of this act or in material noncompliance under Section 39(2) of this act. The landlord shall comply with all notice requirements under this chapter before stopping a utility service. The landlord shall not prevent a tenant from obtaining utility service in the tenant's name under this paragraph.

(2) After the date noticed to a tenant to vacate the premises in a judgement of possession obtained under this chapter, the landlord may change the locks on a rental unit if the landlord is able to do so without a breach of peace.

(3) (a) Other than as is provided under subsections (1) and (2) of this section, a landlord shall not obtain possession of a rental unit from a tenant without the use of the legal proceedings or authorizations provided by this chapter.

(b) Under no circumstances shall a landlord:

(i) Break doors, windows or other passages of ingress;

(ii) Use or threaten violence;

(iii) Harass or retaliate; or

(iv) Engage in criminal or other unlawful acts in an attempt to obtain possession of a rental unit.

(4) If a landlord seeks to obtain possession of a rental unit from a tenant without the use of the legal proceedings or authorizations provided by this chapter, except as is provided under subsections (1) and (2) of this section, the tenant may:

(a) (i) Recover possession; or

(ii) Terminate the rental agreement; and

(b) Resort to any remedy at law or in equity.

SECTION 52. When eviction allowed. A landlord may sue a tenant for eviction and physical possession of a dwelling unit when:

(a) The tenant fails to remedy a breach after receiving written notice of breach under Section 39 of this act; or

(b) The tenant fails to vacate the dwelling unit after the expiration of the rental agreement pursuant to Section 24 or Section 25 of this act.

SECTION 53. Filing an eviction action; copy of rental agreement not required; expedited hearing for judgment of possession; notice to landlord. (1) To commence an eviction action, the landlord shall file:

(a) An affidavit or complaint that states the reason for the eviction, the address of the rental unit, the amount of rent and late fees demanded, if any, and a demand for possession;

(b) (i) A copy of the written notice delivered to the tenant; or

(ii) A statement that the tenancy is for a fixed term and the tenant is holding over past the expiration of the term; and

(c) In the case of a commercial unit, identifies any specific items of tenant property located at the premises as to which the landlord asserts a valid lien and has commenced, or is commencing, proceedings governed by Section 89-7-51 et seq., Mississippi Code of 1972.

(2) (a) The landlord shall not be required to file a copy of the rental agreement.

(b) Where the landlord is unable or unwilling to provide the court with the rental agreement, the court, in its discretion, may treat the tenancy as a periodic tenancy.

(3) In actions under subsection (1) of this section where a landlord requests only a judgment of possession and does not seek a money judgment, upon return of service under the applicable Mississippi Rules of Court, the court shall schedule a hearing within three (3) business days.

(4) When the landlord files under subsection (1) of this section, the clerk shall provide the landlord notice, in a comprehensive document, of the following:

(a) The landlord's rights in legal proceedings under this chapter;

(b) The landlord's obligations for the burden of proof for the eviction action; and

SECTION 54. Summons. (1) Issuance and service of the summons for actions under this chapter shall be pursuant to applicable Mississippi Rules of Court.

(2) In addition to information required by the applicable Mississippi Rules of Court, the summons for a dwelling unit shall state:

If the breach is for the nonpayment of rent, then you may avoid eviction by paying the demanded rent, late fees and costs by the hearing date.

If the breach is for violation of the rental agreement other than nonpayment of rent, then you may avoid eviction by rectifying the breach by the hearing date.

If the eviction is granted and is based on nonpayment of rent, you do not have to move out if you pay all unpaid rent and other sums awarded to the landlord by the court-ordered move-out date.

If you do not move out by the date and time ordered by the court, you will have only seventy-two (72) hours to remove your belongings when the landlord obtains physical possession of the rental unit.

After seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord.

You may still retrieve your personal property once the landlord removes it from your rental unit, but the landlord will have no obligation to protect or preserve your property."

(3) In addition to information required by the applicable Mississippi Rules of Court, the summons for a commercial unit shall state:

If the breach is for the nonpayment of rent, then you may avoid eviction by paying the demanded rent, late fees, and costs by the hearing date.

If the breach is for violation of the rental agreement other than nonpayment of rent, then you may avoid eviction by rectifying the breach by the hearing date.

If the eviction is granted and is based on nonpayment of rent, you do not have to move out if you pay all unpaid rent and other sums awarded to the landlord by the court-ordered move-out date.

If you do not move out by the date and time ordered by the court, you will have only seventy-two (72) hours to remove your belongings when the landlord obtains physical possession of the rental unit.

If your landlord has asserted a lien against certain specified items and has commenced separate proceedings concerning the items, your right to remove the specified items of property will be addressed by the court. Otherwise, you will have seventy-two (72) hours to take your other personal property that has not been specified by your landlord.

If you leave any other personal property, at the premises for more than seventy-two (72) hours after your removal, the landlord may remove those items to the curb, an area designated for garbage or some other location agreed to by you and the landlord.

You may still retrieve your personal property once the landlord removes it from your rental unit, but the landlord will have no obligation to protect or preserve your property."

SECTION 55. Default Judgment; Mandatory judgement; tenant may appear and defend and counterclaim. (1) In eviction actions where the landlord complies with Section 53 of this act, issuance and service of summons is proper, and the tenant fails to appear, the court shall grant a default judgment to the landlord.

(a) Subject to paragraph (b) of this subsection, a default judgment for the landlord shall in no event exceed in amount or be different in character the relief the landlord requested in the landlord's complaint or affidavit.

(2) In eviction actions where the landlord complies with Section 53 of this act, issuance and service of summons is proper, and the tenant fails present a valid defense, the court shall grant judgment to the landlord.

(3) A tenant may appear to defend an action and counterclaim under this chapter.

SECTION 56. Continuances. (1) Subject to subsection (2) of this section, for good cause or by agreement of the parties, the court may continue a hearing date for a period of time not to exceed thirty (30) days.

(2) For an eviction action where the breach is nonpayment of rent, any continuances shall not extend the proceedings fourteen (14) days past the date of the initial hearing.

SECTION 57. Judgment of possession. (1) (a) If a judgment of possession is granted to the landlord, then the judge shall order the tenant to vacate the premises by a date certain that is seven (7) days after entry of the possession judgment unless the court, upon request of a party, finds that a shorter or longer period of time is warranted for an emergency or compelling circumstances.

(b) In no circumstances, shall this period of time be less than twenty-four (24) hours nor more than ten (10) days after entry of the possession judgment.

(2) Compelling circumstances that justifies setting the date to vacate the premises for fewer or more than seven (7) days after entry of the possession judgment include, but are not limited to:

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

(b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises; or

(c) The tenant offers evidence at the hearing that the time period should be extended due to an unpreventable circumstance that materially affects the tenant's health or safety.

SECTION 58. Warrant of removal; pre-filing authorized; issuance upon landlord's affirmation; stay of removal. (1) Upon issuance of a judgment of possession, the landlord may pre-file for a warrant of removal.

(a) The tenant's name;

(b) The location of the premises;

(d) The landlord's contact information.

At the request of the landlord, the clerk shall provide the landlord with a copy of the notice, electronically or in hardcopy. The landlord may provide the tenant a copy of the notification.

(3) After the expiration of the date by which the tenant must vacate under Section 57 of this act if the tenant has not relinquished possession under Section 46 of this act, the landlord may request the clerk to issue the warrant of removal by affirming that:

(a) The tenant has not relinquished possession of the rental unit; and

(6) In eviction actions in which the judgment of possession is based on the tenant's nonpayment of rent, the clerk shall not issue a warrant of removal if, by the date by which the tenant must vacate under Section 57 of this act, the tenant has paid in full the money judgment and court costs.

(8) The landlord shall comply with Section 46 of this act for the disposal of any personal property left by the tenant after execution of the warrant of removal.

(9) If the tenant or any other person regains possession of the premises by force, or otherwise, during the period of seventy-two (72) hours under Section 46 of this act, the landlord, if able, may recover possession of the unit without a breach of peace.

(10) The warrant of removal issued under the authority of subsection (4) of this section shall be valid during the period of seventy-two (72) hours provided to the tenant under Section 46 of this act. The landlord shall not be charged any additional fees for subsequent execution of the warrant, if necessary. If the landlord contacts the sheriff or any constable of the county in which the premises is located for a second execution of the same warrant, the sheriff or constable shall execute the warrant again on the same day.

SECTION 59. Remedy against tenant for willfully damaging the rental unit during eviction. (1) A tenant shall not willfully damage a rental unit by willfully damaging or destroying the dwelling unit or the premises or its fixtures during eviction, move out, or after execution of a warrant of removal.

(2) A residential tenant shall not remove appliances or fixtures that were present at the dwelling unit at the inception of the rental agreement without the landlord's written permission.

(3) Should a tenant damage a rental unit by willfully damaging or destroying the dwelling unit or the premises or its fixtures, the landlord may resort to any remedy at law or equity to enforce this section or to obtain damages for violation of it. In addition, a court shall impose a penalty of One Thousand Dollars ($1,000.00) upon a tenant who is found to have willfully violated this section.

SECTION 60. Housing authorities; tenant management organization. Any county, municipality, regional housing authority or local housing authority in the state may make application to and contract with qualified tenant management organizations for the operation and management of housing projects of the authority as a means of reducing vacancies, reducing administrative costs and creating jobs from the establishment of maintenance teams. Such counties, municipalities, regional housing authorities or local housing authorities shall have the authority to sell public housing units to such tenant management organizations, provided that the sale complies with any applicable federal laws and regulations and any applicable state laws and regulations.

SECTION 61. Records and appeals. (1) The court in eviction proceedings shall preserve all filings, pleadings, and orders in the case.

(2) Appeals from final judgments under this chapter shall be pursuant to applicable Mississippi Rules of Court.

SECTION 62. Campgrounds. (1) As used in this section:

(a) "Campground" means an area or tract of land, including ten (10) or more campsites, that is established, operated and maintained for tent camping and the parking of recreational vehicles as defined by Section 63-3-103(f) and motor homes as defined by Section 63-3-103(g).

(b) "Campground owner" means the owner or operator of a campground or an agent of an owner or operator of a campground.

(2) Regulation of campgrounds:

(a) A campground owner may ask that an individual leave a campground if:

(i) The individual is not a registered guest or visitor of the campground;

(ii) The individual remains on the campground beyond an agreed upon departure time and date;

(iii) The individual defaults in the payment of any lawfully imposed registration fee, visitor fee or charge;

(iv) The individual creates a disturbance that denies other guests their right to quiet enjoyment of the campground necessary for the preservation of peace, health or safety; or

(v) The individual has violated any federal, state or local law while in the campground.

(b) An individual who remains on or returns to a campground after having been asked to leave the campground pursuant to this section commits criminal trespass.

(c) A campground owner shall refund the unused portion of any prepaid fees, less any amount otherwise owed to the campground owner or deducted for damages, to a guest who is removed from a campground under this section.

(3) A campground owner may request assistance from local law enforcement to eject a person pursuant to this section.

(4) A person ejected from a campground has ten (10) days from the date of lawful ejection made pursuant to the provisions of this section to make a valid claim for any property that was allegedly left behind. Once notice is issued to the campground owner, the person has ten (10) days to collect the property. A campground owner may keep or otherwise dispose of any property left uncollected after the passage of twenty (20) days from an ejectment in the campground owner's sole discretion.

SECTION 63. Sections 2 through 6 of this act shall be codified as new code sections in Title 89, Chapter 7, Mississippi Code of 1972.

SECTION 64. Sections 10 through 61 shall be codified as a separate chapter in Title 89, Mississippi Code of 1972.

SECTION 65. Section 62 shall be codified as a new code section in Title 75, Chapter 73, Mississippi Code of 1972.

SECTION 66. Pursuant to Section 1-3-81(3), the publisher of the code is authorized to revise the captions throughout this act.

SECTION 67. Sections 1 through 9 and Sections 63 through 67 of this act shall take effect and be in force from and after its passage, and shall stand repealed on January 1, 2022. Sections 10 through 62 of this act shall take effect and be in force from and after January 1, 2023, and shall stand repealed on December 31, 2022.