Landlord repairs in Mississippi
Source: Miss. Code Ann. §§ 89-8-13, 89-8-15, 89-8-17, 89-8-19, 89-8-23 (Residential Landlord and Tenant Act, as amended by SB 2461, Laws 2022, ch. 501) · Checked against the statute
- Time to repair
- 30 days
- Repair and deduct
- Allowed with limits
- Withhold rent
- Not addressed by state law
- End the lease
- Allowed
Mississippi repair deadline
Choose the state and the date the landlord got your request.
The landlord's duty to repair
The landlord must comply with building and housing codes materially affecting health and safety, and maintain the unit and its plumbing and heating and/or cooling system in substantially the same condition as at the start of the lease, except reasonable wear and tear and damage caused by the tenant's deliberate or negligent acts. The parties may agree in writing, in good faith, that the tenant performs some of these duties. (Miss. Code Ann. § 89-8-23)
Mississippi law names these:
- plumbing
- heating and/or cooling system (maintained in substantially the same condition as at move-in)
Telling the landlord
Repair-and-deduct requires written notice to the landlord of a specific and material defect (§ 89-8-15(1)). A termination notice must be in writing, or by email or text only if the landlord agreed in writing to be notified that way, and must specify the breach and the termination date (§ 89-8-13(3)). (Miss. Code Ann. §§ 89-8-13(3), 89-8-15(1))
The notice must be in writing. Write a Mississippi repair request letter.
How long the landlord has
The landlord has 30 days after written notice of a specific and material defect to repair before the tenant may repair and get reimbursed (§ 89-8-15(1)). Separately, for termination the landlord must remedy the breach within a reasonable time not more than 14 days after receiving a written breach notice (§ 89-8-13(3)). No shorter emergency deadline is set.
Law: Miss. Code Ann. §§ 89-8-13(3), 89-8-15(1)
Repair it yourself and deduct the cost
Allowed with limits. If the landlord does not repair a specific and material defect within 30 days after written notice, the tenant may make the repair and is entitled to reimbursement within 45 days after giving the landlord receipted bills, or may offset the cost against future rent. Conditions: the tenant has met the tenant's own duties under § 89-8-25, the cost does not exceed one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Before repairing shared facilities, the tenant must notify the other affected tenants.
- Waiting period after notice:
- 30 days
- Limit:
- one month's rent; no more than the usual and customary charge
- Law:
- Miss. Code Ann. § 89-8-15
Withholding rent
Not addressed by state law. The Residential Landlord and Tenant Act does not authorize withholding rent until repairs are made; the Mississippi State Department of Health says the tenant's remedy is the repair-and-deduct procedure in § 89-8-15.
- Law:
- Mississippi State Department of Health, Healthy Rental Housing guide (2024); Miss. Code Ann. § 89-8-15
Ending the lease over repairs
Allowed. If the landlord materially fails to comply with the lease or § 89-8-23, the tenant may give a written notice specifying the breach and that the lease will end on a date at least 14 days after receipt unless the breach is remedied within a reasonable time not over 14 days. If the landlord fixes it in time, the lease does not end. If the same breach recurs within 6 months, the tenant may terminate on at least 14 days' written notice. The landlord must return prepaid unearned rent and the recoverable deposit. Not available for conditions the tenant or household caused. In addition, no termination notice is required when the landlord has committed a substantial violation of the lease or the Act that materially affects health or safety (§ 89-8-19(4)).
- Law:
- Miss. Code Ann. §§ 89-8-13(2)–(4), 89-8-19(4)
Going to court
The tenant may also resort to any other remedy at law or in equity not prohibited by the Act (§ 89-8-13(2)); the State Department of Health notes disputes can be brought as a suit in justice court.
Protection from retaliation
Very limited. After a lease expires, the landlord may demand a rent increase only if the increase does not have the dominant purpose of retaliating against the tenant for actions authorized under the Act and the landlord received written notice of each condition that was the subject of the tenant's actions. The 2022 amendment removed the earlier wording that tied recovering possession and cutting services to this limit; the 3-day holdover notice after a lease expires is not expressly limited. There is no general anti-retaliation statute or presumption period. (Miss. Code Ann. § 89-8-17(2) (as amended by SB 2461, Laws 2022, ch. 501))
Also good to know
- The State Department of Health guide lists no specified state regulatory or enforcement agency for the Residential Landlord and Tenant Act; unresolved disputes go to justice court.
- The official Mississippi Code is published by LexisNexis behind a terms-of-use gate; statute text here is from SB 2461 (2022, Laws 2022 ch. 501, as sent to the Governor; approved April 21, 2022, effective on passage) and the State Department of Health guide (which quotes § 89-8-23). A 2025 bill to shorten the § 89-8-13 notice to 7 days (HB 1369) died in committee.
- The State Department of Health guide (2024) lists cities that adopted the International Property Maintenance Code as a local ordinance (including Jackson, Gulfport, Biloxi, Hattiesburg, Southaven, Meridian, Oxford and others, plus Harrison and Rankin Counties) and cities with rental registration or inspection programs (Amory, Brandon, Clinton, Horn Lake, Jackson, Madison, Pearl, Ridgeland, Southaven, Starkville, Tupelo); tenants there may have local maintenance standards and inspectors.
Related
- Mississippi repair request letter (free, runs in your browser)
- Breaking a lease in Mississippi: notice periods and early-termination rights
- Mississippi eviction notice rules: what a notice for unpaid rent requires
Sources
- Mississippi SB 2461 (2022 Regular Session), as sent to Governor — amends §§ 89-8-13, 89-8-15, 89-8-17 Retrieved October 14, 2026.
- Mississippi SB 2461 (2022) history — Approved by Governor 04/21, Chapter 501, effective on passage Retrieved October 14, 2026.
- Mississippi HB 1369 (2025) history — died in committee Retrieved October 14, 2026.
- Mississippi State Department of Health / GHHI, Healthy Rental Housing resource guide (2024) — quotes § 89-8-23 and § 89-8-15 Retrieved October 14, 2026.
Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.