Miss. Code section 89-8-23 requires a landlord to comply with building and housing codes 'materially affecting health and safety' and to maintain the unit, its plumbing, and its heating/cooling 'in substantially the same condition as at the inception of the lease,' reasonable wear and tear excluded.
Mississippi's implied warranty of habitability is statutory. Miss. Code section 89-8-23 directs the landlord to (a) 'comply with the requirements of applicable building and housing codes materially affecting health and safety,' and (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 tenant deliberately or negligently caused the damage. No duty arises for defects caused by the tenant's own act or failure to meet obligations under section 89-8-25. The landlord and tenant may agree in writing that the tenant perform some of these duties, if done in good faith. Mississippi's duty is narrower than many URLTA states, which keeps it landlord-friendly while still requiring code-compliant, safe housing.
No fixed statutory fine. If the landlord fails to repair a material defect within 30 days of written notice, the tenant's remedy is repair-and-deduct under section 89-8-15, capped at one month's rent.
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