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Overview
Mississippi does not have specific mold legislation that directly addresses landlord duties or liability for mold prevention and remediation. Mold issues are addressed under general health and safety standards in the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. Section 89-8-1 et seq.). Under Section 89-8-23, landlords must comply with applicable building and housing codes materially affecting health and safety and maintain the dwelling unit in substantially the same condition as at the inception of the lease. While there is no legal standard specifically for toxic mold in housing, landlords are responsible for addressing mold when it affects habitability. [Mississippi Landlord Tenant Laws - iPropertyManagement]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Under Miss. Code Ann. Section 89-8-23, tenants have the right to rental housing that complies with building and housing codes materially affecting health and safety. This includes the right to a dwelling free from conditions that could cause serious health problems, including severe mold infestations.
[Mississippi Warranty of Habitability - iPropertyManagement]
Right to Request Repairs
Tenants have the right to provide written notice to landlords of specific defects or conditions affecting habitability. Under Miss. Code Ann. Section 89-8-15, after receiving written notice, landlords have 30 days to make repairs before tenants can pursue remedies.
[Mississippi Code Section 89-8-15 (2024) - Repair of Defects by Tenant - Justia Law]
Landlord Responsibilities
Duty to Maintain Habitable Conditions
Under Miss. Code Ann. Section 89-8-23, landlords must comply with applicable building and housing codes materially affecting health and safety. They must 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.
Duty to Address Mold Issues
While Mississippi has no mold-specific statute, landlords are responsible for addressing mold issues that affect habitability. If mold results from leaks, poor ventilation, or poor upkeep, landlords are expected to address the cause and repair the damage. Landlords must investigate and fix mold problems since they threaten health and safety.
[Mississippi Landlord Responsibilities for Habitability - iPropertyManagement]
Remedies Available to Tenants
Rent Withholding
Not Available: Mississippi law does not permit tenants to withhold rent in response to habitability issues, including mold. Tenants who withhold rent may face eviction proceedings. Instead, Mississippi provides the repair-and-deduct remedy as an alternative for addressing repair issues. Tenants must be current on their rent to use the repair-and-deduct remedy.
[Mississippi Renters: Your Rights If Mold Becomes a Problem]
Repair and Deduct
Available: Under Miss. Code Ann. Section 89-8-15, tenants may use the repair-and-deduct remedy if the landlord fails to repair a material defect within 30 days of receiving written notice. Tenants must be current on rent to use this remedy. The deducted amount cannot exceed the usual and customary charge for such repairs, and the cost may be offset against future rent. This remedy can only be used once every six months.
[State Laws on Rent Withholding and Repair and Deduct - Nolo]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Mississippi
Understanding Mississippi's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Mississippi's Humid Subtropical Climate
Mississippi has a humid subtropical climate with hot, humid summers and mild winters. The state receives 50-65 inches of rainfall annually, with humidity levels averaging 70-90% during summer months. The Gulf Coast region experiences especially high humidity due to proximity to the Gulf of Mexico. This persistent moisture creates year-round conditions favorable for mold growth.
Top Mold Risk State
Mississippi consistently ranks among the top 3 states for mold exposure risk in the United States, alongside Louisiana and Florida. Research indicates that the Deep South, including Mississippi, has the highest percentage of mold-affected homes in the nation. The combination of extreme humidity, frequent rainfall, hurricane damage, and older housing stock creates ideal conditions for widespread mold problems.
Hurricane and Flood Vulnerability
Mississippi's Gulf Coast faces significant hurricane risk. Hurricane Katrina (2005) devastated the Mississippi Gulf Coast, causing catastrophic mold problems in tens of thousands of homes. More recently, Hurricane Ida (2021) caused extensive flooding and subsequent mold issues. Post-hurricane mold contamination remains a major concern for Mississippi renters.
Older Rural Housing Stock
Mississippi has a significant inventory of older rural housing, including many manufactured homes. These structures may have inadequate ventilation, moisture barriers, and maintenance history. Mobile homes and older construction are particularly susceptible to moisture intrusion and mold growth in Mississippi's humid climate.
Common Mold Types in Mississippi
Mississippi's ranking as one of the top three states for mold risk is due to extreme humidity, Gulf Coast hurricane exposure, extensive flooding from the Mississippi River watershed, and an older housing stock. Post-Katrina mold issues continue to affect coastal communities.
Stachybotrys chartarum (Black Mold)
Prevalent in Mississippi's flood-damaged homes, particularly along the Gulf Coast. Thrives on water-soaked cellulose materials. Produces mycotoxins causing severe respiratory and neurological symptoms.
Aspergillus fumigatus
Common in Mississippi's hot, humid climate. Found in HVAC systems and water-damaged buildings. Can cause invasive aspergillosis in immunocompromised individuals.
Cladosporium
The most abundant airborne mold in Mississippi. Thrives year-round in the humid subtropical climate. Major trigger for allergic rhinitis and asthma.
Penicillium
Extremely common in Mississippi homes with water damage. Grows rapidly on wet materials including wallpaper, carpet, and insulation. Causes allergic reactions and respiratory issues.
Alternaria
Found extensively in Mississippi's agricultural areas and flood-affected homes. Common allergy and asthma trigger, particularly problematic in the Delta region.
Mold Professional Requirements in Mississippi
Implied Warranty of Habitability
Mississippi's implied warranty of habitability is codified in the Mississippi Residential Landlord and Tenant Act under Miss. Code Ann. Section 89-8-23. This section requires landlords to comply with the requirements of applicable building and housing codes materially affecting health and safety and to 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). The warranty applies whether or not the lease agreement specifically states it and even if the lease attempts to waive the obligation. Rental properties must meet basic standards of safety and sanitation, including maintaining operational systems for electrical, plumbing, sanitation, heating, ventilating, and air conditioning. [Mississippi Code Section 89-8-23 (2024) - Duties of Landlord - Justia Law]
Mold Disclosure Requirements
Local Regulations
Some cities in Mississippi have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Mississippi mold law details.
Jackson, MS
Local mold risks, prevention priorities, and next steps for Jackson.
Gulfport, MS
Local mold risks, prevention priorities, and next steps for Gulfport.
Southaven, MS
Local mold risks, prevention priorities, and next steps for Southaven.
Hattiesburg, MS
Local mold risks, prevention priorities, and next steps for Hattiesburg.
Biloxi, MS
Local mold risks, prevention priorities, and next steps for Biloxi.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Mississippi.
Mississippi Home Corporation HOME Program
Provides assistance for home rehabilitation including repairs to address mold and moisture issues for low-income Mississippi homeowners.
Eligibility: Mississippi homeowners at or below 80% of Area Median Income
Coverage: Varies by program; covers necessary repairs including mold remediation
Phone: 601-718-4642Learn More →
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural homeowners for repairs including mold remediation. Mississippi has significant rural population eligible for this program.
Eligibility: Very low-income homeowners in rural Mississippi areas
Coverage: Loans up to $40,000 at 1% interest; Grants up to $10,000 for elderly homeowners
FEMA Individual Assistance
Following federally declared disasters, FEMA provides grants for home repairs including mold remediation. Mississippi frequently qualifies for disaster declarations due to hurricanes and flooding.
Eligibility: Mississippi residents in declared disaster areas with uninsured or underinsured losses
Coverage: Varies by disaster declaration; covers necessary mold remediation from disaster damage
Phone: 1-800-621-3362Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Mississippi have specific mold laws for rental properties?
No, Mississippi does not have specific mold legislation. Mold issues are addressed under general health and safety standards in the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. Section 89-8-1 et seq.). Landlords must maintain habitable conditions under Section 89-8-23, which indirectly requires addressing mold that affects habitability.
Is my Mississippi landlord responsible for mold remediation?
Yes, Mississippi landlords are generally responsible for mold issues that result from leaks, poor ventilation, or poor property maintenance. Under the implied warranty of habitability, landlords must maintain rental properties in safe and habitable condition. However, if the mold was caused by the tenant's actions or failure to report a condition, the landlord may not be responsible.
Can I withhold rent in Mississippi if my landlord refuses to address mold?
No, Mississippi law does not permit tenants to withhold rent for habitability issues including mold. Withholding rent may result in eviction proceedings. Instead, you can use the repair-and-deduct remedy under Miss. Code Ann. Section 89-8-15 after providing 30 days written notice.
Official Resources
These official resources can help you understand your rights and take action: