Martha Winters said she had never felt so hurt or degraded as the day when her landlord handed her a 15-day eviction notice.
Winters said the mobile home she rented wasn’t in the best condition. But it was a roof over her head and within her modest price range.
But Winters admits she refused to pay rent after several issues she reported were not repaired by the landlord. She said she thought she had rights.
“I was angry, hurt and felt degraded,” Winters said. “I didn’t know what to do.”
Winters is like many in Yazoo City who are unaware of the laws and rights surrounding rental properties. But there is a formal procedure and legal duties associated with landlords and tenants.
“There is a procedure and laws in place that people need to be aware of,” said Russ Carter, building inspector.
Winters returned to Yazoo City in June of 2013. After staying with family for a few days, she found a mobile home she could rent for $475 a month. She said no documents were exchanged between her and her landlord, leaving it “a gentleman’s agreement.”
“My landlord gave me the key and said that any repairs or whatever was needed would be taken care of,” Winters said.
Winters’ daughter and three grandsons soon moved in with her at the mobile home. She wasn’t impressed with some of the living conditions at the home, but she said her options were limited.
“Where else could I go,” she asked. “I moved in out of desperation and trust.”
Winters said the home had no refrigerator, no ceiling fans, no light coverings, a broken fireplace and damaged air conditioning and heating units. She said there was also visible mold and mildew.
But Winters said she continued to pay rent and lived there over the next three years.
“Since then, my daughter fell through the kitchen floor,” she said. “The sink in the kitchen almost rotted out. The floors were bulking up and softening because of the cheap flooring. The trailer was moved over cut-down trees. Now these trees are growing back and because of the sap from the leaves, it is weakening the floors and walls.”
Winters said these areas of concern were never repaired by her landlord. As a result, she said she did not pay rent for two months in the hopes that the repairs would be made quickly.
That is when Winters said she was given an eviction notice.
“This is not about me,” she said. “I just wanted to share my story because I know there are others out there like me. They need to be aware of what to do. A lot of the rundown areas in town are where tenants are renting, and the landlords are not doing their jobs inside and out.”
Carter said many tenants think not paying rent until repairs are made is the right thing to do.
“It’s not,” he said. “It only puts them in between a rock and a hard place.”
First, Carter said people need to be aware of state laws surrounding a landlord and tenant relationship.
Section 89-8-23 of state code states that “at all times a during a tenancy, a landlord shall provide a residential dwelling unit to a tenant; comply with building and housing codes materially affecting health and safety; unless deliberately or negligently damaged by the tenant, the dwelling unit and its plumbing, heating and/or cooling systems shall be maintained in the same conditions as at the start of the lease; and the landlord has no duty to repair defects deliberately or negligently caused by the tenant. Landlord has no duty to repair defects resulting from a tenant’s duties...”
State code also lists the duties of the tenant.
According to Section 89-8-25 of state code, “a tenant shall pay rent according to the terms of the rental or lease agreement; keep the premises as clean and safe as the condition of the premises permits; dispose from the dwelling unit all ashes, garbage and waste in a clean and safe manner; keep all plumbing fixtures in the dwelling unit as clean as their condition permits; use electrical, plumbing...in a reasonable manner; not deliberately or negligently destroy, damage, or remove any part of the premises or allow any other person to do so; not disturb his neighbor...; inform the landlord of any condition which may cause damage to the premise; maintain the dwelling unit in the same condition and comply with building and housing codes; and not engage in any illegally activity.”
Carter said he must inspect all rental properties before utilities are provided in the home to make sure the dwelling follows all building codes.
“Unfortunately, some people know people at the Public Service Commission who get around the process,” Carter said. “I am trying to prevent that with rental properties. It’s not in place to hassle the landlord but more to protect them from any liability.”
Carter said the process is also in place to eliminate “slumlords.”
Carter said there is also a legal process for tenants who report issues to their landlords in the hopes of getting it repaired.
Section 89-8-15 of state code states, “if, after 30 days of receipt of written notice, the landlord fails to repair a defect...the tenant may repair such defect himself; and shall be entitled to reimbursement of the repair costs within 45 days after submission to the landlord of receipted bills for such work.”
However, the tenant must be current in their rental payments, and the repair costs may not exceed an amount equal to one month’s rent.
“Many renters think they can stop paying rent until the problem is fixed,” Carter said. “They can’t. They have to keep their rent up. If they hold back their rent month until something gets fixed it will cause them to get evicted.”
Carter said rental properties are also held to the same standards when it comes to building codes and upkeep.
“Since the owner of the property is not there, the renter can invite me in to inspect the property,” Carter said. “I can legally go on the property then, but I must be invited.”
