Senate Bill 2126

AN ACT TO AMEND SECTION 89-8-23, MISSISSIPPI CODE OF 1972, TO REQUIRE RESIDENTIAL LANDLORDS TO CHANGE THE LOCKS OF DWELLING UNITS BETWEEN TENANTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-8-23, Mississippi Code of 1972, is amended as follows:

89-8-23. (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;

(c) Change all the locks of a dwelling unit upon termination of a prior tenancy. If a landlord fails to perform this duty within one (1) week of the occupancy by a new tenant after commencement of a new lease, the failure to change the locks may be treated by the new tenant as a failure to repair a defect under Section 89-8-15.

(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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.