Tenant Rights Mississippi

Summary

The user, a tenant in Mississippi, is facing property maintenance issues including an overgrown yard, unsafe property, and an unsecured pool. The user has been served with a court summons and is seeking advice on how to handle the situation. The user has not signed a lease agreement stating they are responsible for property maintenance. The user is advised that in Mississippi, landlords are generally responsible for property maintenance unless the lease states otherwise. The user is also informed about their right to a safe and habitable living environment and their right to legal representation in court. The user is advised to seek help from legal aid organizations and to consider appealing the decision if the court finds them responsible. The user is also informed that code enforcement officers generally need a warrant to enter private property unless theres an immediate threat to public safety. The user is advised to contact a local tenant rights organization for assistance with their situation. The user is also informed that without a lease agreement stating theyre responsible for maintenance, its generally the landlords

Full Conversation

I moved into a house about 14 months ago and about 8 months into living there we (there is another tenant in the house who has been there for around 7 years) received notices on the door from code enforcement for the hard being over grown, unsafe property, as well as an unsecured pool. These have all been issues before, including just last summer, when I did not live in the residence. Following a very extensive hot summer, I was continually communicating with the code enforcement officer and letting him know what was going on. Including the fact it was too hot to work during the day, and I was receiving quotes from landscaping companies and trying to figure out how to get this done but I did not have $* to pay the landscaping companies for the yard clean up. About three weeks after that communication, the temperature started to drop and I was able to really get some work done on yard but it was too much to do alone and I scraped together every bit of money I possibly could to pay people to help me fix the yard but it still took a few weeks to get done. All of which was communicated. The code enforcement officer came to my house on a Saturday that I was not able to come down because I was incredibly sick and couldn’t move very much without throwing up. Demanding that I come outside and give him my id, when did I not he threatened me with the fact the police were there. About another two weeks go by, and my friend was pulling up to my house and told me there had been a police officer outside my house for at least * minutes watching the house. The next day I was sitting in my car getting ready for someone to pick me up when I hear banging on my windows and the police officer was there and gave me an out of date court summons with my name spelled incorrectly, and my id number that I had never given them. I received a letter almost a week later telling me my new court date. I went to court and was told by the clerk(?) and the code enforcement officer that I needed to plead guilty because this had been going on since * (which I was not alive for and the current owner did not own this house). This has been a recurring problem and they have called the home owner one time. But have not gone after the owner for keeping the house up to code. Only the tenants.
Did you sign a lease agreement with the landlord stating that you are responsible for the maintenance of the property?
no
What does your lease agreement say about property maintenance and who is responsible for it?
no lease
What is the exact location of the property? This will help me provide you with the most accurate information regarding tenant and landlord responsibilities in Mississippi.
* glenalden cove, Southaven, Mississippi
In Mississippi:

- Landlords are generally responsible for property maintenance unless the lease states otherwise.
- Tenants can't be held responsible for issues predating their occupancy.

Southaven Municipal Court: * Northwest Dr, Southaven, MS *, (*) *-*.
*
What was the outcome of your court appearance? Did you plead guilty as suggested by the clerk and the code enforcement officer?
No I did not plead guilty. I couldn’t make a decision so the clerk set it to trial.
What is the date of your trial? It's important to prepare and possibly seek legal representation. In Mississippi, tenants are generally not responsible for property maintenance unless stated in the lease.
*/*/*
As your trial is today, it's crucial to have legal representation. In Mississippi, tenants aren't usually responsible for property maintenance unless stated in the lease. Southaven Municipal Court: * Northwest Dr, Southaven, MS *, (*) *-*.
What should I say at trial?
At trial, you should explain your situation clearly, stating that you didn't sign a lease agreement that made you responsible for property maintenance. Also, mention that these issues predate your occupancy.
What rights do I have with this situation?
In Mississippi:

- You have the right to a safe and habitable living environment.
- You can't be held responsible for issues predating your occupancy.
- You have the right to legal representation in court.

Southaven Municipal Court: * Northwest Dr, Southaven, MS *, (*) *-*.
they did not offer me a public defender. What should I do?
In Mississippi, public defenders are typically provided in criminal cases. For civil cases like yours, you may seek help from legal aid organizations. Mississippi Legal Services: (*) *-*.
what can I do if the decide I am responsible anyway? What action could I take?
If the court finds you responsible, you can appeal the decision. It's advisable to consult with a lawyer for this process. Mississippi Legal Services: (*) *-*.
is code enforcement required to have a warrant to come onto my property even if it is not completely fenced in?
In Mississippi, code enforcement officers generally need a warrant to enter private property unless there's an immediate threat to public safety.
what constitutes as public safety?
In Mississippi, public safety generally refers to situations that pose an immediate threat to the health, safety, or welfare of the community, such as a fire, hazardous materials, or an unsecured pool.
so an unsecured pool allows them to walk around the property without a warrant?
In Mississippi, an unsecured pool could be considered a public safety issue, potentially allowing code enforcement officers to enter the property without a warrant.
the police were sitting outside my house for multiple days to catch me and serve me a summons. Is this legal?
Did the police have a warrant for your arrest or were they just there to serve you the summons?

In Mississippi, police can legally wait outside a person's home to serve a summons.
serve a summons
In Mississippi, it's legal for police to wait outside your home to serve a summons. They don't need a warrant for this.
they were waiting in their car in the cove itself
Did the police interfere with your daily activities or cause any disturbance while waiting in their car?
besides making me unable to leave my house no
Did you feel threatened or harassed by the police presence? In Mississippi, police can legally wait to serve a summons, but they should not harass or intimidate you.
no
Have you considered contacting a local tenant rights organization for assistance with your situation?
im not sure what’s around me
In Mississippi, you can reach out to Mississippi Legal Services at (*) *-*. They provide free legal help to low-income individuals facing housing issues.
are they allowed to go after me and not the home owner?
In Mississippi, code enforcement typically targets property owners. However, if a lease agreement states otherwise, tenants could be held responsible. It's crucial to review your lease agreement.
if I don’t have a lease agreement stating I am responsible for maintenance can they still go after me?
In Mississippi, without a lease agreement stating you're responsible for maintenance, it's generally the landlord's responsibility. However, the court's interpretation may vary. Consult with a lawyer for precise advice.
I’m not low income but I can’t afford a lawyer what should I do?
Have you considered seeking help from a pro bono lawyer or a legal clinic? They often provide free or low-cost legal services to those who can't afford a lawyer.
I requested all of the documentation for my case and was denied
Who denied your request for documentation? In Mississippi, you generally have the right to access court records related to your case.
On the behalf of the City of Southaven (“City”), any list of active and open code violations or enforcement cases, the records for all active and open files is considered an investigative report as defined by Miss. Code *-*-*(f)(v) and (viii). Those records are not considered public at this time, as the release of the records would deprive the defendant a right to a fair trial or an impartial adjudication and/or would impede or jeopardize the City’s ability to prosecute the alleged offense.”
What specific documents were you trying to access for your case? In Mississippi, certain records may be withheld if they could potentially affect the outcome of a case.
warrants as well as documentation from court cases
What is the nature of your case? In Mississippi, access to certain documents may be restricted depending on the case type.
code enforcement violations
What specific code enforcement violation are you facing? In Mississippi, these can range from building without a permit to violating zoning laws.
unsafe property, unsecured pool, and tall grass
What actions have you taken so far to address these code enforcement violations?

In Mississippi, it's important to address these issues promptly to avoid potential fines or legal action.
They also won’t allow me to view prior records to my case
What specific prior records are you trying to access for your case?
code enforcement violations from *
What was the outcome of the * code enforcement violations?
fines
What was the amount of the fines you received for the * code enforcement violations?
i did not receive these code enforcement violations it was the other tenant but they are saying it’s not public record
Who is the "they" that is denying you access to these records?
code enforcement
What is your relationship with the other tenant and why do you need access to their records?
I needed access to past code violations to prove that this is an on going issue predating my tenant
What is the current status of your case? Are you facing any penalties or fines?
I’m facing fines
What is the total amount of fines you are facing?
about *
What is your plan to address these code enforcement violations?
they have been corrected but they say I still have to pay a fine
What is the reason given for still having to pay the fine after correcting the violations?
that this issue has been going on since * but outside of that I was not given a specific reason
Did you receive any official notice or documentation stating that you are still required to pay the fine even after correcting the violations?
no
What steps have you taken to dispute the fine since you've corrected the violations?
none
What is the reason for not taking any steps to dispute the fine?
unsure of how to do it
What type of legal representation do you currently have? It's important to consult with a legal professional when disputing fines or penalties.
none
What is the reason for not having any legal representation? It's important to have a legal professional guide you through the process, especially when disputing fines or penalties.
Can you explain what this means
It means that having a lawyer or legal advisor can help you understand the legal process, your rights, and how to effectively dispute fines or penalties. Would you like assistance finding legal representation?
Can you explain what this means On the behalf of the City of Southaven (“City”), any list of active and open code violations or enforcement cases, the records for all active and open files is considered an investigative report as defined by Miss. Code *-*-*(f)(v) and (viii). Those records are not considered public at this time, as the release of the records would deprive the defendant a right to a fair trial or an impartial adjudication and/or would impede or jeopardize the City’s ability to prosecute the alleged offense.”
This means that the City of Southaven is withholding certain records related to active code violations or enforcement cases, as they are considered investigative reports. Releasing these could potentially affect the fairness of a trial or the city's ability to prosecute.
how could it affect it
Releasing these records could potentially influence public opinion or reveal sensitive information, which might compromise the fairness of the trial or the prosecution's strategy.
would it be influencing public opinion that this is an ongoing problem not a one time issue
Are you suggesting that the public should be aware of the ongoing nature of these code violations?
yes
What steps have you taken to make the public aware of the ongoing nature of these code violations?
Has not happened yet. That is on Wednesday
What is the nature of the property maintenance issues you're facing?
So you still have to pay a fine for code violation if the violations were fixed before court
Can you please specify which code violation you're referring to?

General Information:
- In Mississippi, fines for code violations may still apply even if the issue is resolved before court.
- For specific details, contact your local court.