Housing · Repair and Deduct

Repair and Deduct in Mississippi

How much of the rent a tenant can spend on a repair and subtract in Mississippi, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.

Confirmedagainst Miss. Code Ann. §89-8-15 · checked against a mirror of the official code (Cornell LII / Justia)Reviewed by Cholilurrohman · July 2026

Repair and deduct from rent? · Mississippi

In Mississippi a tenant can repair and deduct up to one month’s rent, but only after 30 days’ notice, only once in any six months, only if current on rent, and only if the claim is filed within 45 days.

One month’s rent

Cost capOne month’s rent

Notice period30 days

StatuteMiss. Code Ann. §89-8-15

How repair and deduct works in Mississippi

The cost cap or the alternative remedy, the notice steps, and the limits that apply.

How it works	What it means
Written notice of a specific, material defect	The tenant must give the landlord written notice of a specific and material defect. A vague or minor complaint does not start the clock.
Wait 30 days after notice	The tenant must wait 30 days after the written notice before repairing and deducting, giving the landlord a full month to act.
Cost cap: one month’s rent	The expenses may not exceed an amount equal to one month’s rent. It is a single figure with no greater-of or lesser-of direction to trip over.
Only once in any six months	The tenant must not have exercised this remedy in the six months immediately preceding. Once per six-month window, full stop.

Limits and alternatives	What it means
Must be current on rent and meet §89-8-25	The tenant must be current in rental payments and must have fulfilled the tenant obligations set out in Miss. Code Ann. §89-8-25. Falling behind or breaching those duties defeats the claim.
45-day deadline to submit the claim	The claim must be submitted within 45 days after receipted bills are given to the landlord. Miss the deadline and the deduction is lost even if everything else was done right.

What you can do right now

Concrete, neutral steps if the landlord will not repair in Mississippi. This is legal information, not legal advice.

Send written notice of the specific defect
Describe the specific and material defect in writing to the landlord, and keep a dated copy. The 30-day clock runs from this notice.
Confirm you are current and eligible
Check that you are current on rent, that you have met your §89-8-25 obligations, and that you have not used this remedy in the past six months.
Repair after 30 days and file within 45
After 30 days, keep the cost under one month’s rent, then submit the claim with receipted bills to the landlord within 45 days.
Ask Mississippi legal services if unsure
The conditions are strict and any one can sink a claim. Mississippi Legal Services or a licensed Mississippi attorney can confirm your eligibility and timing.

Find help in Mississippi

Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.

→ Mississippi Legal Services

This is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.

What Mississippi tenants get wrong about repair and deduct

Mississippi writes the most complete set of conditions in this group, and every one of them can defeat a claim. Under Miss. Code Ann. §89-8-15, a tenant may repair and deduct up to one month’s rent, but the path is narrow. It takes 30 days of written notice of a specific and material defect, a cap of one month’s rent, use no more than once in any six months, a tenant who is current in rental payments and has met the obligations in §89-8-25, and a claim submitted within 45 days after receipted bills are given to the landlord. A Mississippi renter who does everything right except one of those five things recovers nothing. There is a pattern worth noticing across topics: Mississippi says little or nothing about landlord entry or rent increases, and then legislates this remedy in unusual detail. Treat the five conditions as a checklist. Give proper notice, wait the full month, stay current, keep it under a month’s rent, and file the paperwork inside the 45-day window.

Common questions

How much can a tenant repair and deduct in Mississippi?

Up to one month’s rent under Miss. Code Ann. §89-8-15. It is a single figure with no greater-of or lesser-of direction, but four other conditions must also be met.

How long must I wait to repair and deduct in Mississippi?

Thirty days after giving the landlord written notice of a specific and material defect. You also may not have used this remedy in the previous six months.

Do I have to be current on rent in Mississippi?

Yes. The tenant must be current in rental payments and must have fulfilled the obligations in Miss. Code Ann. §89-8-25. Falling behind defeats the remedy.

What is the 45-day deadline in Mississippi?

The claim must be submitted within 45 days after receipted bills are given to the landlord. Missing that window loses the deduction even if every other condition was satisfied.

Primary source

→ Miss. Code Ann. §89-8-15

Justia · Miss. Code Ann. §89-8-15 · law.justia.com

Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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