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Faulty air conditioning, burst sewer pipes and a slew of alleged maintenance failures, like mold in homes and backed-up pipes, have left residents of Hargrove Estates frustrated with their property managers.
The situation, compounded by years of unanswered or delayed maintenance requests, prompted both Lowndes County officials and state agencies to inspect the housing complex.
Residential lease agreements often outline what responsibilities landlords have when it comes to rental maintenance, but what happens if those responsibilities aren’t met? What does state law require of tenants and landlords? How does it differ for renters in subsidized housing?
What rights does state law provide tenants and landlords?
Mississippi’s Residential Landlord and Tenant Act outlines state requirements for both landlords and tenants outside of lease agreements.
Landlords must ensure properties comply with all building and housing codes that could affect tenants’ health and safety. They must also maintain the dwelling’s plumbing, heating and cooling systems to the same condition as at the time the lease was created.
Both requirements are relegated if damage or impairment to the property is caused by the tenant’s actions, whether negligent or deliberate.
Tenants, on the other hand, must keep the dwelling clean and safe. The law specifically notes properly disposing of garbage, keeping plumbing fixtures clean, using all utilities and appliances in a reasonable manner and making the landlord aware of possible problems. Tenants are also responsible for their guests and any damage caused by guests.
What if residents have a problem with the dwelling?
Edward Long Jr., managing attorney for North Mississippi Rural Legal Services, a nonprofit that provides free civil legal assistance to residents in North Mississippi, said landlords failing to make repairs is one of the most common issues his clients bring to him.
“(Landlord and tenants’) rights are fairly balanced under the act, but the problem for tenants in many instances is they have a tendency to (sit) on their rights,” Long wrote in an email to The Dispatch.
Long said the safest way for a tenant to escalate an unanswered request is to send the landlord a certified letter with the return receipt requested.
A common misconception among tenants, Long said, is that they can assert their rights as a defense for not paying rent. State law does not allow tenants to withhold rent until repairs are made.
That being said, if a tenant chooses to repair a material defect themselves, he or she can charge the expense to their landlord, who must repay the money within 45 days of receiving the receipts for the repairs.
“However, this remedy is available to the tenant only if the repairs are no more than one month’s rent,” Long said.
If a landlord still fails to make repairs, particularly if those repairs constitute a material breach of the rental agreement that is essential to the home being livable, state law gives tenants the right to break their lease and move out early.
To do so, Long said the tenant must deliver a notice to the landlord listing the specific problems and an ultimatum providing at least two weeks’ notice that the lease will be terminated unless repairs are made. The landlord then has two weeks to fix the problem before the tenant is legally entitled to walk away.
How does the process differ for subsidized housing?
Long said tenants in both private and subsidized housing are subject to the Residential Landlord and Tenant Act, though he said tenants in subsidized housing would deal with their maintenance requirement through their lease agreement.
For tenants of properties insured and assisted by the U.S. Department of Housing and Urban Development, like Section 8 housing, the Multifamily Housing Clearinghouse complaint line at (800) 685-8470 is available to report issues with poor maintenance, dangers to health and safety, mismanagement and/or fraud.
Callers can speak to specialists to help resolve their problems, or for serious complaints, specialists will write a report on the problem to share with the state’s HUD field office, according to the HUD website.
For Section 42 housing, which is part of a federal program that provides incentives to developers to build and maintain affordable rentals, Mississippi Home Corporation is responsible for monitoring properties to ensure compliance with program requirements, including ensuring basic health and safety standards.
If an unaddressed concern violates any of those requirements, tenants can file a complaint with MHC’s compliance division, which may review the issue as part of its oversight. MHC’s role, though, is limited to program compliance, not direct involvement in unaddressed maintenance requests.
McRae is a general assignment and education reporter for The Dispatch.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 34 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
