MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representatives Yates, Mansell, Felsher
AN ACT TO CREATE NEW SECTION 89-8-47, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF "FRAUDULENT UTILITY CONVERSION"; TO PROVIDE PENALTIES FOR THE CRIME; TO AMEND SECTION 89-8-23, MISSISSIPPI CODE OF 1972, TO ADD UTILITY PAYMENTS AS A DUTY OF THE LANDLORD; TO BRING FORWARD SECTION 89-8-25, MISSISSIPPI CODE OF 1972, WHICH PROVIDES DUTIES OF TENANTS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This section shall be codified as Section 89-8-47, Mississippi Code of 1972:
89-8-47. (1) The crime of "fraudulent utility conversion" is committed when a landlord receives payment for utilities from a tenant but fails to pay such utilities to the provider of the utilities and the provider interrupts the tenant's utility services as a result of the landlord's failure to pay.
(2) Upon conviction for a violation of this act:
(a) When the conversion amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, the offender shall be imprisoned for not more than twenty (20) years, fined not more than Fifty Thousand Dollars ($50,000.00), or both.
(b) When the conversion amounts to a value of Five Thousand Dollars ($5,000.00) or more, but less than a value of Twenty-five Thousand Dollars ($25,000.00), the offender shall be imprisoned for not more than ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both.
(c) When the conversion amounts to a value of One Thousand Dollars ($1,000.00) or more, but less than a value of Five Thousand Dollars ($5,000.00), the offender shall be
imprisoned with or without hard labor for not more than five (5) years, fined not more than Three Thousand Dollars ($3,000.00), or both.
(d) (i) When the conversion amounts to less than a value of One Thousand Dollars ($1,000.00), the offender shall be imprisoned for not more than six (6) months, fined not more than One Thousand Dollars ($1,000.00), or both.
(ii) If the offender in such cases has been convicted two (2) or more times previously, upon any subsequent conviction, the offender shall be imprisoned to an additional penalty for not more than two (2) years, fined not more than Two Thousand Dollars ($2,000.00), or both.
(3) In addition to the penalties provided in this section, the court shall order the landlord to reimburse the tenant for all monies paid by the tenant that were not paid to the provider of the utility services. In addition to the penalties described in this section, the court may order reimbursement for any reasonable costs, including medical and food costs, caused by the interruption of services due to the landlord's failure to pay utilities.
SECTION 2. Section 89-8-23, Mississippi Code of 1972, is amended as follows:
89-8-23. (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 lease, 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.
(c) Comply with all lease requirements to pay utilities based on the terms of the lease agreement.
(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 89-8-5, 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 89-8-25.
(5) Failure of a landlord to pay utility service charges that are required to be paid by the landlord in accordance with the lease and/or written agreement between the landlord and tenant that creates an interruption of a tenant's utility service shall be grounds to terminate the lease, unless the interruption results from bona fide repairs, construction, or an emergency.
SECTION 3. Section 89-8-25, Mississippi Code of 1972, is brought forward as follows:
89-8-25. A tenant shall:
(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;
(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition permits;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;
(f) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;
(g) Inform the landlord of any condition of which he has actual knowledge which may cause damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;
(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.
SECTION 4. This act shall take effect and be in force from and after July 1, 2026.