What maintenance obligations is the landlord responsible for in order to remain in compliance with landlord tenant law in Mississippi? Landlords can read up on their obligations in Miss. Code § 89-8-23, and don’t worry, it’s not a laundry list of obligations, but more a general level of compliance.
- Comply with the requirements of applicable building and housing codes materially affecting health and safety.
- Maintain the premises, including its plumbing, heating and/or cooling system, in substantially the same condition as at the beginning of the tenancy, reasonable wear and tear excluded. The exception is if the premises or its plumbing, heating and/or cooling system is damaged or impaired due to the deliberate or negligent acts of the tenant.
The landlord and tenant can agree in writing that the tenant will perform some or all of the landlord’s maintenance obligations, but that agreement must be made in good faith. If you plan to have such an agreement with your tenant, include it in the lease agreement or as an addendum to the lease agreement if possible.
The tenant has more specific obligations that are enumerated in Miss. Code § 89-8-25:
- Keep the premises clean and as safe as the condition of the premises permits.
- Dispose from the premises all ashes, rubbish, garbage and other waste in a clean and safe manner.
- Keep all plumbing fixtures used by tenant as clean as their condition permits.
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances.
- Do not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, or knowingly permit any other person to do so.
- Use care, and require guests and invitees to use the same care, to not disturb the neighbors' peaceful enjoyment of their property.
- Inform landlord of any condition of which may cause damage to the premises.
- To the extent of tenant’s legal obligation, maintain the premises 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.
- Not engage in any illegal activity upon the premises.