Mississippi landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what Mississippi law lets you do if they don't.

What your landlord must maintain

Under Miss. Code § 89-8-23, a landlord must comply with applicable building and housing codes materially affecting health and safety, and maintain the dwelling unit, its plumbing and its heating and cooling systems in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Air conditioning not working (where supplied)
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may repair the defect and seek reimbursement within forty-five days of submitting receipted bills, or offset the cost against future rent, under § 89-8-15; and terminate the rental agreement under § 89-8-13.

Repair-and-deduct limit: under § 89-8-15(1) the expenses may not exceed an amount equal to one month's rent, the tenant must be current in rent, and the remedy may not have been used in the six months immediately preceding. (Shown for a $1,500 monthly rent where the limit depends on rent.)

Retaliation is illegal

Mississippi has no broad anti-retaliation section, but Miss. Code § 89-8-17(2) permits a landlord to evict a holdover tenant or demand a rent increase after expiration of the rental agreement only if the action did not have the dominant purpose of retaliation for the tenant's actions authorized under the chapter and the landlord received written notice of each condition at issue — a condition this notice satisfies.

Limits and exceptions

Under § 89-8-15 the tenant must be current in rental payments and may not have used this remedy in the preceding six months. Mississippi's duty is measured against the unit's condition at the inception of the lease, not a habitability standard, so a defect that existed on day one is not a breach; under § 89-8-23(3) the parties may also agree in writing that the tenant perform some of the landlord's duties.

Common questions

How long does a landlord have to make repairs in Mississippi?

Under Miss. Code § 89-8-15(1), if you fail to repair a specific and material defect within thirty days after this written notice, I may repair it. Separately, § 89-8-13(3) permits termination on a date not less than fourteen days after receipt if the breach is not remedied within a reasonable time not exceeding fourteen days. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in Mississippi?

Mississippi allows repair-and-deduct within limits: under § 89-8-15(1) the expenses may not exceed an amount equal to one month's rent, the tenant must be current in rent, and the remedy may not have been used in the six months immediately preceding. You must give written notice first, and the statutory waiting period must pass before you act.

Can my landlord retaliate if I ask for repairs in Mississippi?

Mississippi has no broad anti-retaliation section, but Miss. Code § 89-8-17(2) permits a landlord to evict a holdover tenant or demand a rent increase after expiration of the rental agreement only if the action did not have the dominant purpose of retaliation for the tenant's actions authorized under the chapter and the landlord received written notice of each condition at issue — a condition this notice satisfies.

Do I have to put a repair request in writing in Mississippi?

Yes — and it is the single most important step. Under Miss. Code §§ 89-8-15, 89-8-13, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.