Cal. Civ. Code § 89-7-3
Tenant not bound to pay rent for, or to restore, buildings destroyed; exception.
Operative Text
A tenant shall not be bound to pay rent for buildings after their destruction by fire or otherwise, nor shall a covenant or promise by a lessee to leave or restore the premises in good repair have the effect to bind him to erect or pay for such buildings as may be so destroyed, unless in respect to the matters aforesaid there was negligence or fault on his part, or unless he has expressly stipulated to be so bound. History Codes, 1880, §§ 1239, 1240; 1892, §§ 2497, 2498; 1906, §§ 2834, 2835; Hemingway’s 1917, §§ 2332, 2333; 1930, § 2176; 1942, § 898.
Under Miss. Code Ann. § 89-7-3, when a building is destroyed by fire or any other cause, a tenant's obligation to pay rent for that building generally ends at the point of destruction. Similarly, a lease clause requiring the tenant to leave or restore the premises in good condition does not automatically obligate the tenant to rebuild or pay for the destroyed structure. Two exceptions exist: the tenant remains liable if the destruction resulted from their own negligence or fault, or if the lease contains an express provision specifically binding the tenant to such an obligation.
Plain English — not legal advice.
Property owners and managers operating under Miss. Code Ann. § 89-7-3 should be aware that standard repair-and-restore lease covenants do not, by themselves, shift the cost of rebuilding a destroyed structure onto a tenant. Operators who wish to hold tenants financially responsible for rebuilding after destruction generally include explicit, clearly worded contractual language to that effect in the lease. Maintaining adequate property insurance is a common practice among compliant operators, given that rent obligations and restoration duties may terminate upon destruction absent tenant fault.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-3 generally relieves tenants of the duty to pay rent once a building has been destroyed by fire or other means, and a standard lease clause requiring good-repair restoration does not extend to rebuilding a destroyed structure. Tenants who face rent demands or restoration claims after a building's destruction may find this provision relevant as a potential defense, particularly where the destruction was not caused by their own negligence. Tenants navigating such disputes may benefit from consulting a tenant-rights organization or legal aid service familiar with Mississippi landlord-tenant law to understand how this provision applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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