Cal. Civ. Code § 89-8-13

Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security; disposition of tenant’s abandoned personal property.

In Force
Verified 10/30/2026 · Next check 11/5/2026
MississippiRent Regulation

Operative Text

Cal. Civ. Code § 89-8-13
(1) If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set forth herein or resort to any other remedy at law or in equity not prohibited by this chapter.
(2) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity not prohibited by this chapter.
(3) The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate;
(b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen (14) days’ notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement;
(c) A party may not terminate for a condition caused by that party’s own deliberate or negligent act or omission or an act or omission by a family member or other person on the premises when done with the consent of the party.
(4) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.
(5)
(a) If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days.
(b) Any judge presiding over a hearing in which a landlord seeks to evict a tenant for the nonpayment of rent shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant.
(6) The parties’ obligations regarding a tenant’s personal property, including any manufactured home, shall be governed by Section 89-8-39.

History

Laws, 1991, ch. 478, § 7; Laws, 1993, ch. 312, § 2; Laws, 2015, ch. 395, § 4, eff from and after July 1, 2015; Laws, 2018, ch. 446, § 7, eff from and after July 1, 2018; Laws, 2022, ch. 501, § 10, eff from and after passage (approved April 21, 2022).
Source: Legislative text reproduced verbatim
Plain English

Mississippi Code § 89-8-13 establishes a mutual right of termination when either a landlord or tenant materially breaches a rental agreement or their statutory obligations. The non-breaching party must generally provide at least 14 days' written notice (or notice by email or text if agreed to in writing) describing the breach and giving the breaching party a reasonable opportunity to cure it before the agreement ends. A shorter 3-day notice applies specifically when a tenant fails to pay rent. Neither party may invoke termination for a condition they themselves caused through deliberate or negligent conduct.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 30, 2026

Plain English — not legal advice.

For Property Managers

Under Miss. Code Ann. § 89-8-13, compliant landlords document material breaches carefully and deliver written termination notices that clearly identify the specific acts or omissions at issue, giving tenants at least 14 days to cure most violations or 3 days for nonpayment of rent. Operators generally track prior notices, since a substantially similar breach recurring within six months may allow for a shorter termination process on the second occurrence. When a tenancy does terminate, landlords are expected to return all prepaid and unearned rent and any security deposit recoverable under § 89-8-21.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Miss. Code Ann. § 89-8-13 gives tenants a parallel right to terminate the rental agreement when a landlord materially fails to meet obligations under the rental agreement or § 89-8-23, provided the tenant delivers proper written notice and allows a reasonable cure period of up to 14 days. Tenants who receive a termination notice from a landlord may have the right to remedy the cited breach within the notice period and thereby preserve the tenancy. Tenants facing eviction or termination proceedings may benefit from reviewing their rental agreement, contacting a local tenant-rights organization, or consulting an attorney familiar with Mississippi landlord-tenant law to understand available remedies at law or in equity.

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.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

Miss. Code Ann. § 89-8-25
Not yet ingested
Miss. Code Ann. § 89-8-23
Not yet ingested
Miss. Code Ann. § 89-8-21
Not yet ingested
Miss. Code Ann. § 89-8-39
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References In

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