Cal. Civ. Code § 89-8-23
Duties of landlord.
Operative Text
(1) A landlord shall at all times during the tenancy: (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant. (2) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the deliberate or negligent act of the tenant or persons on the premises with the tenant’s permission. (3) Subject to the provisions of Section 89-8-5, the landlord and tenant may agree in writing that the tenant perform some or all of the landlord’s duties under this section, but only if the transaction is entered into in good faith. (4) No duty on the part of the landlord shall arise under this section in connection with a defect which is caused by the tenant’s affirmative act or failure to comply with his obligations under Section 89-8-25. History Laws, 1991, ch. 478, § 12, eff from and after July 1, 1991.
Mississippi Code § 89-8-23 establishes ongoing maintenance obligations for landlords throughout the duration of a tenancy. Landlords are required to comply with health-and-safety-related building and housing codes and to keep the dwelling unit, along with its plumbing, heating, and cooling systems, in substantially the same condition as when the lease began, excluding normal wear and tear. These duties do not apply when a defect results from the deliberate or negligent actions of the tenant or guests, and the landlord and tenant may agree in writing to shift some maintenance responsibilities to the tenant, provided the agreement is made in good faith.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-8-23, compliant property operators generally conduct regular inspections to ensure dwelling units and their plumbing, heating, and cooling systems remain in substantially the same condition as at lease inception. Operators document the unit's condition at move-in and throughout the tenancy, which helps establish a baseline and identify whether any defects stem from tenant conduct rather than landlord neglect. When a landlord and tenant wish to reassign specific maintenance duties to the tenant, § 89-8-23(3) requires that arrangement to be memorialized in a written, good-faith agreement that also complies with § 89-8-5.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-8-23 gives tenants the right to a dwelling unit, along with its plumbing, heating, and cooling systems, maintained in substantially the same condition as when the lease started, in compliance with applicable health-and-safety codes. If a landlord fails to meet these obligations, tenants may have grounds to raise the violation as a defense in eviction proceedings or to pursue remedies available under Mississippi's landlord-tenant law. Tenants experiencing maintenance issues may benefit from documenting conditions in writing, contacting local housing or code-enforcement offices, or reaching out to a tenant-rights organization familiar with § 89-8-23 to understand available options.
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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