Mississippi Repairs & Tenant Remedies
Mississippi rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Miss. Code Ann. § 89-8-15
The rules in Mississippi
| Repair and deduct | Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. Before repairing facilities shared with other units, the tenant must notify the other tenants (§ 89-8-15(3)). The remedy creates no lien on the property. A 2025 bill (HB 840) and a 2026 bill (HB 442) to revise this section both died in committee. Source: Miss. Code Ann. § 89-8-15 |
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| Withholding rent | No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). Withholding rent is risky. The tenant must be current on rent to use repair-and-deduct, and a 3-day notice can follow any nonpayment. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). |
| Landlord retaliation | Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. Every duty and condition precedent under the Act, including terminating or not renewing a tenancy, carries an obligation of good faith (§ 89-8-9). The wording of § 89-8-17(2) is awkward, so the plain-English summary is cautious. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. § 89-8-17(2) |
Related questions
Mississippi vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Mississippi | Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. Miss. Code Ann. § 89-8-15 | No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). Miss. Code Ann. §§ 89-8-13, 89-8-15 | Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. Miss. Code Ann. § 89-8-17(2) |
| Alabama | Not available. Alabama's Act does not include the URLTA self-help repair-and-deduct remedy; § 35-9A-403 is 'Reserved'. Instead, the tenant may give 14 days' written notice to terminate if the landlord does not fix a material habitability breach, and may sue for actual damages and injunctive relief. Ala. Code §§ 35-9A-401, 35-9A-403, 35-9A-404 | Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act. In an action for possession or rent, the tenant may counterclaim but must pay accrued and accruing rent into court. Ala. Code §§ 35-9A-164, 35-9A-405 | A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. Ala. Code § 35-9A-501 |
| Arkansas | Not available. For leases entered into or renewed after November 1, 2021, the implied minimum standards are: hot and cold running water, electricity, potable drinking water, code-conforming sewer and plumbing, a functioning roof and building envelope, and existing heat and air conditioning. If the tenant is current on rent and gives written notice, and the landlord does not remedy the problem within 30 calendar days, the tenant's sole remedy is to terminate the lease without penalty and receive the recoverable deposit. Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021) | Not allowed. A tenant may not offset or withhold rent for any alleged or actual violation of the implied quality standards. In an unlawful detainer, a tenant who stays in possession must deposit rent into the court registry. Ark. Code Ann. §§ 18-17-502(d)(3), 18-60-307(c) | No statute — Arkansas has no landlord anti-retaliation statute. The Residential Landlord-Tenant Act (Ch. 17) and the deposit subchapter contain no retaliation provision or presumption period. Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-101 et seq.); §§ 18-16-301 to -306 |
| Louisiana | Allowed. If the landlord fails to make necessary repairs within a reasonable time after the tenant's demand, the tenant may have them made. The tenant can then demand immediate reimbursement or deduct the cost from rent, to the extent the repair was necessary and the cost reasonable. La. C.C. art. 2694 (with arts. 2682, 2691) | No statutory rent-withholding/escrow procedure; the codified remedy is repair-and-deduct (C.C. art. 2694) La. C.C. art. 2694; La. C.C. art. 2704 | No statewide statute identified. In New Orleans, the city's Healthy Homes ordinance protects tenants who use its complaint process ('protected activity'). New Orleans Healthy Homes Ordinance (City Code ch. 26) |
| Tennessee | Limited to essential services, in URLTA counties. If the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other duties materially affecting health and safety), the tenant must give written notice and may then choose ONE remedy: (A) obtain the services and deduct the actual, reasonable cost from rent; (B) recover damages for the reduced rental value while staying in the unit; or (C) obtain reasonable substitute housing, paying no rent during the noncompliance. Attorney's fees are recoverable. T.C.A. 66-28-502 | No general rent-withholding statute. The only rent excusal: in URLTA counties, a tenant who gets reasonable substitute housing because the landlord deliberately or negligently failed to supply essential services owes no rent during the noncompliance (after written notice). T.C.A. 66-28-502(a)(1)(C) | URLTA counties: a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction because the tenant complained to the landlord of a violation under 66-28-301 or used remedies under the URLTA. Exceptions: the landlord may still seek possession if the tenant's household caused the code violation, the tenant is behind on rent, or code compliance requires work that would effectively deprive the tenant of the unit. The statute sets no time-based presumption of retaliation. T.C.A. 66-28-514 |
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Mississippi Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Mississippi?
Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. (Miss. Code Ann. § 89-8-15)
Can a tenant withhold rent for repairs in Mississippi?
No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). (Miss. Code Ann. §§ 89-8-13, 89-8-15)
Can a landlord retaliate against a tenant for complaining in Mississippi?
Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. (Miss. Code Ann. § 89-8-17(2))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.