Mississippi Code
Miss. Code Ann. § 89-8-23 (2026)
Duties of landlord
✓ current as of July 2026
- (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.
- (2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant's permission.
- (3) Subject to the provisions of Section 89-8-5, the landlord and tenant may agree in writing that the tenant perform some or all of the landlord's duties under this section, but only if the transaction is entered into in good faith.
- (4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant's affirmative act or failure to comply with his obligations under Section 89-8-25.
Laws, 1991, ch. 478, § 12, eff. 7/1/1991.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1997–2022 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “” Miss. Code Ann. § 89-8-23 (3) (West, Westlaw current through 2016 1st Extraordinary Sess.”
Sweatt v. Murphy, 733 So. 2d 207 (Miss. 1999). “Miss.Code Ann. § 89-8-23(1) (1991) provides that: (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, .”
Moorman v. Tower Mgmt. Co., 451 F. Supp. 2d 846 (S.D. Miss. 2006). “Moorman claims that a representative of defendants promised him that defendants would repair the broken sidewalk; he presumably believed this would be done, notwithstanding provisions in the lease agreement that would otherwise have obligated him to repair and maintain the…”
Tina Lee v. Keller Williams Realty, 247 So. 3d 293 (Miss. Ct. App. 2017). “" Miss. Code Ann. § 89-8-23 (3) (Rev. 2011).”
Julio Gordon v. Christy Dickerson (Miss. 2022). “See Miss. Code Ann. §§ 89-8-23 , -25 (Rev. 2021).”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “” Miss. Code Ann. § 89-8-23 (3) (West, Westlaw current through 2016 1st Extraordinary Sess.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “” Miss. Code Ann. § 89-8-23 (3) (West, Westlaw current through 2016 1st Extraordinary Sess.”
Steven Leslie Sweatt v. Paul Murphy (Miss. 1997). “Miss. Code Ann. § 89-8-23 (1) (1991) provides that: (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, .”
— Miss. Code Ann. § 89-8-23(1) — 1 case
Sweatt v. Murphy, 733 So. 2d 207 (Miss. 1999). “Miss.Code Ann. § 89-8-23(1) (1991) provides that: (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, .”
— Miss. Code Ann. § 89-8-23(3) — 1 case
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “” Miss. Code Ann. § 89-8-23 (3) (West, Westlaw current through 2016 1st Extraordinary Sess.”
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