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Mississippi Statewide Rule

Mississippi Landlord Duty to Maintain (Habitability)

Some RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Governing statute
Miss. Code section 89-8-23
Code compliance
Required where it affects health/safety
Maintenance standard
Substantially same condition as lease start
Tenant-caused defects
No landlord duty
Last verified: September 5, 2026

Summary

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.

(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.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

What must a Mississippi landlord keep in working condition?
Under Miss. Code section 89-8-23 the landlord must meet building and housing codes affecting health and safety and maintain the unit, plumbing, and heating/cooling 'in substantially the same condition as at the inception of the lease,' barring tenant-caused damage and normal wear.
Can a Mississippi tenant withhold rent for repairs?
Mississippi does not authorize open-ended rent withholding. The statutory remedy is repair-and-deduct under section 89-8-15: after 30 days' written notice, the tenant may fix the defect and offset the cost (up to one month's rent) against future rent.

Sources

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