Hurricane Katrina: Legal Issues - Columbus School of Law

landlord to be released from his or her obligation under the lease, and should get the release in writing.
If the lease is month-to-month, the tenant may terminate the lease by giving a written, thirty-day notice.
May a landlord evict a tenant so that another family who was displaced by disaster can live there?
A landlord may not terminate a fixed-term lease unless the tenant has breached the lease. However, if the tenancy is
month-to-month, the landlord may terminate the tenancy by giving the tenant a thirty-day written notice to vacate.
May a landlord refuse to make repairs to rental property that is substantially damaged but not destroyed?
Technically, a landlord does not have the right to refuse to make repairs when the property has not been destroyed; a
tenant may seek an injunction to require repairs. However, if a landlord lacks the resources to repair and continue
renting a unit after a disaster, the tenant may practically be better off looking for another place to live. However, a
landlord may not refuse to repair as a pretext for evicting a tenant, then repair and rerent the property.
Payment of rent
Must a tenant pay rent during the time a home is uninhabitable because of damages by natural disaster, if the
tenant intends to continue the lease?
Mississippi law does not authorize a tenant to withhold rent during a period of repair. However, one tenant remedy
for uninhabitability is an action for damages equal to the amount by which the value of the housing was reduced.
Thus, even though the tenant technically should have paid rent during that period, the landlord’s right to rent may be
offset by the tenant’s right to damages. Because the amount of damages and offset is usually determined by a court, a
tenant should attempt to reach an understanding with a landlord regarding the extent of damage and rent abatement. If
no agreement is reached, a tenant who refuses to pay rent runs the risk that the amount of damages and abatement
determined by a court will be less than the full amount of rent.
Must a tenant pay rent during a period of mandatory evacuation?
Missisippi law does not directly address this issue. However, if government officials have determined that an area is
so unsafe that it must be evacuated, the house is most likely uninhabitable. Once the evacuation order is lifted, if the
property is habitable, the tenant’s rent obligation should be revived. However, no Mississippi law was found directly
addressing this issue.
May a landlord evict a tenant for nonpayment of rent following a disaster?
There is no statutory provision requiring a landlord to stay an eviction for nonpayment of rent during an emergency.
However, if the property is presently uninhabitable and in need of repair, the tenant’s right to offset rent by damages
should bar eviction (see discussion of rent abatement, above). A tenant who is temporarily unable to pay rent on an
intact, undamaged property should attempt to negotiate with his or her landlord, particularly until the tenant has
sought available benefits.
Is there assistance available to a tenant who is unable to pay rent as a result of a disaster?
Temporary rental assistance may be available through FEMA.
Tenant abandonment
What should a landlord do if a tenant evacuated and has not returned?