SB 2473 — Residential Landlord/Tenant Act; revise to give more protections to landlords.

SB2473 (As SentPassed tothe Governor)Senate) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Hill Senate Bill 2473 (As SentPassed tothe Governor)Senate) AN ACT TO AMEND SECTION 89-7-27, MISSISSIPPI CODE OF 1972, TO REQUIRE A TENANT TO BE REMOVED FROM THE PREMISES WHEN THE TENANT HOLDS OVER WITHOUT THE LANDLORD'S PERMISSION OR DEFAULTS ON THEHIS OR HER RENT PAYMENT;

TO ALLOW NOTICE TO A HOLDOVER OR DEFAULTING TENANT VIA EMAILWRITTEN ORNOTICE TEXTDELIVERED MESSAGETO IF SO SPECIFIED IN THE WRITTENPREMISES AGREEMENTPLUS BETWEENEMAIL THEOR PARTIES;TEXT MESSAGE;

TO AMEND SECTION 89-7-39, MISSISSIPPI CODE OF 1972, TO PROHIBIT ADJOURNMENTS DURING HEARINGS FOR EVICTION DUE TO THE NONPAYMENT OF RENT TOOR BEALLOWING CONTINUEDTHE HEARING TO EXTEND BEYOND 45A PERIOD OF MORE THAN 60 DAYS;

     First.  Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of the landlord.       Second.  After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when complete satisfaction of the rent and any late fees due cannot be obtained by distress of goods, and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person * * *owing the same whodelivered owesto the rent.premises;

    additional Third. notice Ifmay abe writtengiven agreementor betweenby theemail landlordor andtext tenantmessage exists,if any event calling for eviction in the agreementperson maywho triggerowes the evictionrent processhas underprovided thisan section. email Noticeaddress ofor defaultnumber byto emaila orcellular textphone messagethat is propercapable ifof thereceiving partytext hasmessages. agreed in writing to be notified by that means.

     89-7-29.  The landlord or lessor, his legal representatives, agents, or assigns, in order to have the benefit of such proceedings, shall * * *make oath or affirmation of present to the court a sworn affidavit that contains the facts which, according to * * *the last preceding section, authorize Section 89-7-27, * * * authorize require the removal of the tenant, describing * * *therein in the affidavit the premises claimed and the amount of rent and any late fees due and when payable, and that the necessary notice has been given to terminate such tenancy.  These facts shall be based on the rental agreement signed or agreed to by the landlord or lessor, his legal representatives, agents, or assigns, and the tenant.  UponThe receipt of the sworn affidavit, the court shall initiate the removal of the tenant for the nonpayment of rent orupon otherreceipt event of default contained in any written agreement between the parties,sworn as specified in the affidavit.

     89-7-39.  The * * *The magistrate court may, at the request of either party, adjourn the hearing from time to time, * * *time, one a(1) single adjournment not to exceed ten (10) days, except by consent, and may issue subpoenas and attachments to compel the attendance of witnesses.  However, in hearings for eviction,eviction due to the nonpayment of rent, no adjournment shall extend the entire hearing beyond forty-fivesixty (45)(60) days from the date the eviction action was filed.

          (i)  "Rental agreement" means all agreements, written or oral, except to the extent an agreement under this chapter or Chapter 7, Title 89, Mississippi Code of 1972, must be in writing, and valid rules and regulations adopted under Section 89-8-11 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;

     89-8-13.  (1)  If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.       (2)  If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.       (3)  The nonbreaching party may deliver a * * *a written notice to thethe * * * party in breach inpremises writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than * * *thirty (30) fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of * * *thirty (30) fourteen (14) days;days; * * * and additional notice may be given by email or text message if the person who owes the rent has provided an email address or number to a cellular phone that is capable of receiving text messages.  The rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:

and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:

          (b)  In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days' * * *days' written notice in specifying writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement;

         additional (c) notice Neither party may terminatebe forgiven a condition caused by hisemail own deliberate or negligenttext actmessage orif omissionthe or that of a member of his family or other person onwho theowes premises with his consent.       (4)  If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent andhas securityprovided recoverablean byemail theaddress tenant under Section 89-8-21.       (5) * * * Notwithstanding the provisions of this section or anynumber other provisions of this chapter to thea contrary, cellular (a) phone Ifthat the material noncompliance by the tenant is thecapable nonpayment of rentreceiving pursuanttext tomessages. the rental agreement, the landlord shall not be required to deliver * * * thirty (30) fourteen (14) days' * * *written notice as provided by subsection (3) of this section.  In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972.

          (c)  Neither party may terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his family or other person on the premises with his consent.       (4)  If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.       (5)  (a) * * * Notwithstanding the provisions of this section or any other provisions of this chapter to the contrary, If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord shall not be required to deliver * * * thirty (30) fourteen (14) days' * * *written notice as provided by subsection (3) of this section.  In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972, and may file for eviction on the first day the nonpayment of rent occurs as provided in the rental agreement.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2018, and shall stand repealed from and after June 30, 2018.