Mississippi Tenant Answer and Defenses to Eviction Complaint

MISSISSIPPI TENANT ANSWER AND DEFENSES TO RESIDENTIAL EVICTION COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Answer to Complaint Allegations
3. Affirmative Defenses
4. Federal Defenses — CARES Act, SCRA, FHA, VAWA, Section 8
5. Counterclaims
6. Demand for Strict Proof and Production
7. Prayer for Relief
8. Verification
9. Certificate of Service
10. Mississippi Practice Notes — Tenant Strategy
11. Sources and References

1. CAPTION

STATE OF MISSISSIPPI

[COUNTY NAME] COUNTY

IN THE [☐ JUSTICE / ☐ COUNTY] COURT — [PRECINCT NO. ____ (if Justice Court)]

CIVIL ACTION NO. [________________________________]

2. ANSWER TO COMPLAINT ALLEGATIONS

Defendant [TENANT NAME] (the "Tenant") answers the Complaint / Sworn Affidavit of Plaintiff (the "Landlord") as follows:

2.1 Parties. Tenant ☐ admits / ☐ denies / ☐ lacks sufficient information to admit or deny the allegations regarding the parties' identities and addresses.

2.2 Jurisdiction and Venue. Tenant ☐ admits / ☐ denies / ☐ lacks sufficient information regarding subject-matter jurisdiction and venue.

[If money judgment exceeds Justice Court limit of $3,500: Tenant denies that this Court has subject-matter jurisdiction over the money damages portion of the claim and moves to dismiss or transfer the money claim under Miss. Code Ann. § 11-9-101.]

2.3 The Premises and Rental Agreement. Tenant ☐ admits / ☐ denies the existence and terms of the Rental Agreement as alleged. Tenant ☐ admits / ☐ denies that the Rental Agreement attached to the Complaint as Exhibit A is a true and correct copy. [If oral agreement: Tenant disputes Plaintiff's characterization of the oral agreement and asserts the actual terms were: [____________].]

2.4 RLTA Coverage. Tenant ☐ admits / ☐ denies that the tenancy is governed by the RLTA. [If non-RLTA: explain why.]

2.5 Predicate Notice. Tenant ☐ admits / ☐ denies that the predicate notice was properly issued and served. Specifically, Tenant denies the following with respect to the predicate notice (check all that apply):

• ☐ The Notice was never received by Tenant.
• ☐ The Notice was received on a date later than alleged: [__/__/____].
• ☐ The Notice provides an insufficient cure / vacate period under § 89-8-13 or § 89-8-19.
• ☐ The Notice misstates the amount due.
• ☐ The Notice cites the wrong statute (e.g., § 89-7-27 for residential — see 2022 amendments).
• ☐ The Notice was served by a method not authorized for the type of notice (e.g., email/text without prior written consent under § 89-8-13).
• ☐ The Notice was served by an unauthorized person.
• ☐ The Notice was not served on all required occupants.
• ☐ Other defect: [____________]

2.6 Allegations of Breach / Nonpayment / Holdover. Tenant ☐ admits / ☐ denies the specific factual allegations supporting Counts I–IV of the Complaint. Specifically:

[Numbered paragraph-by-paragraph response to Complaint allegations. Use specific paragraph numbers from the Complaint.]

2.7 General Denial. To the extent any allegation is not expressly admitted above, Tenant denies it and demands strict proof.

3. AFFIRMATIVE DEFENSES

Without waiver of the foregoing denials, Tenant asserts the following affirmative defenses, any one of which (if proven) defeats or limits Plaintiff's claim:

3.1 Defective Notice. The predicate notice is legally insufficient under Miss. Code Ann. § 89-8-13 / § 89-8-19 because [specific defect]. A landlord's failure to comply with statutory notice requirements is fatal to an eviction action.

3.2 Improper Service of Notice. The Notice was not served by an authorized method. Specifically, Plaintiff used [email / text] without prior written consent of Tenant as required by § 89-8-13.

3.3 Improper Service of Summons. The summons was not served between five (5) and twenty (20) days after filing as required by § 89-8-35. Service occurred on [__/__/____], which is [outside the statutory window].

3.4 Wrong Statute Cited. Plaintiff has cited Miss. Code Ann. § 89-7-27 (Nonresidential evictions, post-2022 amendments) for a residential tenancy. The proper authority is § 89-8-13 (RLTA, residential 3-day rent / 14-day cure).

3.5 Payment in Full / Tender. Tenant paid in full all rent and lawful charges identified in the predicate notice within the cure period. Receipts / records of payment: [____________].

3.6 Acceptance of Rent / Waiver. Plaintiff accepted rent payment(s) after issuance of the notice on [__/__/____] in the amount of $[____], thereby waiving the breach and reinstating the tenancy.

3.7 Implied Warranty of Habitability — § 89-8-23. Plaintiff has materially failed to comply with the duties imposed by § 89-8-23 (compliance with applicable building/housing codes materially affecting health and safety; maintenance of plumbing, heating, and cooling). Tenant's claimed nonpayment, if any, is excused or offset by the breach. Specific habitability violations include:

• ☐ No heat: [____________]
• ☐ No hot water: [____________]
• ☐ Sewage backup / plumbing: [____________]
• ☐ Roof / structural defect: [____________]
• ☐ Mold / mildew affecting health: [____________]
• ☐ Vermin / pest infestation: [____________]
• ☐ Lead-paint hazard (in pre-1978 housing): [____________]
• ☐ Code violations cited by [____________] (Health Dept., Code Enforcement): [____________]
• ☐ Other: [____________]

Repair requests made on (dates): [____________]. Documentation: [____________].

3.8 Constructive Eviction. Plaintiff's failure to maintain the Premises constitutes constructive eviction. Tenant has been deprived of the beneficial use of the Premises.

3.9 Self-Help Eviction (Common Law / § 89-8-19 implication). Plaintiff has engaged in unlawful self-help eviction by [lockout / utility shutoff / removal of property / harassment / other]. This conduct is unlawful under Mississippi common law and serves as both a defense and a counterclaim.

3.10 Security Deposit Setoff (§ 89-8-21). Plaintiff retains a security deposit of $[____] which exceeds amounts lawfully owed. Tenant claims setoff against any judgment for rent.

3.11 Improper Computation of Rent. Plaintiff has incorrectly computed rent and other charges. Specifically: [____________].

3.12 Unenforceable Lease Provision. The lease provision Plaintiff invokes is unenforceable as [unconscionable / contrary to § 89-8-7 / contrary to public policy].

3.13 Tenant Cure of Breach (§ 89-8-13). Tenant cured the alleged breach within the 14-day period by [____________].

3.14 No Material Noncompliance. The conduct alleged is not "material noncompliance" within the meaning of § 89-8-13.

3.15 Estoppel / Course of Dealing. Plaintiff has accepted the alleged conduct (e.g., late payment, additional occupant, pet) over an extended course of dealing and is estopped from asserting it as a breach now.

3.16 Statute of Frauds / Unwritten Modification. [Where applicable.]

3.17 Lack of Standing. Plaintiff is not the owner of the Premises or authorized agent. The proper party in interest has not been joined.

3.18 Bankruptcy Automatic Stay (11 U.S.C. § 362). Tenant filed a petition for bankruptcy on [__/__/____] in Case No. [____________], pending in the United States Bankruptcy Court for the [____________] District of Mississippi. The automatic stay bars further proceedings unless Plaintiff obtains stay relief. [The narrow exception under § 362(b)(22) does not apply because [explain].]

3.19 Failure to Mitigate. [Where Plaintiff seeks holdover damages.] Plaintiff has failed to mitigate damages by re-renting or attempting to re-rent the Premises.

3.20 Reservation. Tenant reserves the right to amend this Answer to assert additional defenses as discovery progresses.

4. FEDERAL DEFENSES — CARES ACT, SCRA, FHA, VAWA, SECTION 8

4.1 CARES Act — 30-Day Notice (15 U.S.C. § 9058). The Premises are a "covered dwelling" within the meaning of 15 U.S.C. § 9058 because:

• ☐ The Premises participate in a covered federal housing program (LIHTC, Section 8 voucher, project-based Section 8, public housing, USDA Rural Development, Rural Housing Voucher, HOME, NHTF, McKinney-Vento, Section 236, Section 221(d)(3), Section 202, Section 811).
• ☐ The Premises are subject to a federally backed mortgage loan (Fannie Mae, Freddie Mac, FHA-insured, VA, USDA).
• ☐ Other covered status: [____________]

Plaintiff was required to give a 30-day notice to vacate before filing eviction. Plaintiff served only a [3-day / 14-day] notice. This action must be dismissed for failure to comply with federal law. The CARES Act 30-day notice is a PERMANENT requirement, not limited to the 2020 moratorium.

4.2 HUD-Subsidized 30-Day Notice (24 C.F.R. Part 247). [If HUD-subsidized.] Effective January 13, 2025, HUD's Final Rule extends the 30-day notice for nonpayment to all covered HUD properties. Plaintiff failed to comply.

4.3 Section 8 / HCV — Good Cause Termination (24 C.F.R. § 982.310). [If Section 8 voucher tenant.] Owner-initiated termination during the initial lease term is permitted only for serious or repeated violation; thereafter, termination requires "good cause." Plaintiff has not demonstrated good cause as required by the HAP contract or HUD regulations.

4.4 Project-Based Section 8 / Public Housing (24 C.F.R. § 247.3, § 966.4). [If applicable.] Termination requires good cause, written grievance procedure, and HUD-compliant notice. Plaintiff has failed to comply.

4.5 SCRA Stay (50 U.S.C. § 3931 / § 3951). [If servicemember.] Tenant or co-occupant [NAME] is a servicemember on active duty, with orders effective [__/__/____]. Tenant invokes the SCRA stay of proceedings. The Court must consider whether Tenant's military service materially affects the ability to pay rent or otherwise comply with the lease. SCRA-protected eviction requires court order with statutory findings.

4.6 Fair Housing Act — Discrimination (42 U.S.C. § 3604). [If applicable.] Plaintiff's eviction action is motivated by Tenant's protected status (race, color, religion, national origin, sex, familial status, disability). The action violates the FHA. [Where Mississippi has no state fair-housing law, federal FHA is the operative authority.]

4.7 Fair Housing Act — Reasonable Accommodation (42 U.S.C. § 3604(f)(3)(B)). [If disability-related.] Tenant requested a reasonable accommodation on [__/__/____]: [____________]. Plaintiff failed to grant or engage in interactive process. Eviction predicated on conduct related to a disability is unlawful absent reasonable accommodation.

4.8 Fair Housing Act — Retaliation (42 U.S.C. § 3617). [If applicable.] Tenant exercised FHA-protected rights by filing complaint with HUD / EEOC / state agency on [__/__/____]. The eviction is retaliatory.

4.9 VAWA (34 U.S.C. § 12491). [If federally subsidized housing AND tenant is DV/SA/stalking victim.] Tenant invokes VAWA protections. The eviction is based on conduct directly related to abuse and is therefore prohibited.

4.10 ADA / Section 504. [If applicable.] Tenant has a disability and requires reasonable modifications/accommodations.

4.11 Disaster Moratorium. [If applicable.] The Premises are in a federal disaster declaration zone (FEMA-DR-[____]) and current federal moratoriums apply.

4.12 No State Fair-Housing Law / No State Retaliation Statute — Federal Floor. Mississippi has not enacted a state fair-housing law, a state anti-retaliation statute for residential tenants, or a state just-cause eviction rule. The protections in this Section 4 derive solely from federal law.

5. COUNTERCLAIMS

Tenant asserts the following counterclaims against Plaintiff:

5.1 Counterclaim — Security Deposit Recovery (Miss. Code Ann. § 89-8-21). [If applicable.] Plaintiff has wrongfully withheld $[____] of Tenant's security deposit. Plaintiff failed to provide an itemized statement of deductions or return the deposit within forty-five (45) days as required. Tenant seeks recovery of the wrongfully withheld amount, statutory damages of up to $200 for bad-faith withholding, actual damages, and reasonable attorney's fees.

5.2 Counterclaim — Self-Help Eviction. [If applicable.] Plaintiff engaged in unlawful self-help eviction by [lockout / utility shutoff / property removal] on [__/__/____]. Tenant seeks compensatory damages including alternative housing costs ($[____]), value of property removed ($[____]), and emotional-distress damages.

5.3 Counterclaim — Breach of Implied Warranty of Habitability (§ 89-8-23). [If applicable.] Plaintiff materially failed to maintain the Premises. Tenant seeks rent abatement, cost of repairs paid by Tenant, and incidental damages totaling $[____].

5.4 Counterclaim — Breach of Rental Agreement. [If applicable.] Plaintiff failed to perform [specific obligations]. Tenant seeks contract damages of $[____].

5.5 Counterclaim — FCRA / Tenant Screening (15 U.S.C. § 1681 et seq.). [If applicable.] Plaintiff or its agent reported false or misleading eviction information to consumer reporting agencies. Tenant seeks statutory damages, actual damages, and attorney's fees.

5.6 Counterclaim — Fair Housing Act Damages (42 U.S.C. § 3613). [If applicable.] Tenant seeks compensatory damages, punitive damages, attorney's fees, and equitable relief for FHA violations.

5.7 Counterclaim — Conversion / Trespass to Chattels. [If applicable.] Plaintiff wrongfully removed or destroyed Tenant's personal property without authority. Tenant seeks return / value of property and incidental damages.

6. DEMAND FOR STRICT PROOF AND PRODUCTION

Tenant demands that Plaintiff produce at hearing:

• ☐ Original signed Rental Agreement (or competent proof of oral agreement);
• ☐ Original predicate Notice with proof of service;
• ☐ Rent ledger documenting all payments and credits for the entire tenancy;
• ☐ All written correspondence between Plaintiff (or agent) and Tenant;
• ☐ Documentation of Plaintiff's status as owner / authorized agent of the Premises;
• ☐ HAP contract and HUD-required notices (if Section 8 / subsidized);
• ☐ Proof that Premises are NOT a "covered dwelling" under 15 U.S.C. § 9058;
• ☐ Photographs, repair invoices, or other evidence of habitability compliance;
• ☐ All notices and inspection reports from code enforcement, health department, or other regulators in the past 24 months;
• ☐ All advertising or postings indicating availability of the Premises (mitigation).

7. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays that this Court:

A. Dismiss the Complaint with prejudice;

B. Deny judgment of possession to Plaintiff;

C. Award Tenant the sums sought on Counterclaims;

D. Award Tenant attorney's fees and costs to the extent permitted by statute, the Rental Agreement, or 42 U.S.C. § 3613 / 15 U.S.C. § 1681n / § 1681o;

E. If judgment of possession is granted, set the move-out date at not less than seven (7) days from judgment under § 89-8-39, and longer if compelling circumstances exist (e.g., minor children, medical conditions, school year);

F. If judgment is based solely on nonpayment, advise Tenant of the tender-stops-warrant rule under § 89-8-39;

G. Stay execution pending appeal under Miss. Code Ann. § 11-51-85 on Tenant's posting of bond;

H. Grant such other and further relief as the Court deems just and proper.

8. VERIFICATION

STATE OF MISSISSIPPI

COUNTY OF [____________]

I, [TENANT NAME], being first duly sworn, depose and state under oath:

1. I am the Tenant / Defendant in the foregoing action.

2. I have read the foregoing Answer, Affirmative Defenses, and Counterclaims, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

3. The exhibits attached hereto are true and correct copies.

SWORN TO AND SUBSCRIBED before me this [____] day of [__________], 20[____].

_________________________________
NOTARY PUBLIC

My commission expires: [__/__/____]

(SEAL)

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims on the following:

10. MISSISSIPPI PRACTICE NOTES — TENANT STRATEGY

Mississippi is widely regarded as the least tenant-protective state in the United States. Key implications for tenant defense:

• No state fair-housing law. All discrimination defenses must be grounded in federal FHA.
• No state retaliation statute. Retaliation defenses are limited to common-law theory (very narrow) or federal-program retaliation (Section 8, HUD, FHA § 3617).
• Narrow habitability remedies. § 89-8-23 imposes limited landlord duties; § 89-8-27 provides limited tenant remedies.
• No rent control authorization. No municipal or state cap on residential rent.
• No just-cause eviction rule. No-cause termination of periodic tenancies is permitted.

Federal protections do most of the work. The CARES Act 30-day notice (still in force, permanent), Section 8 / HUD good-cause-only termination, SCRA active-duty stays, FHA discrimination/retaliation/accommodation claims, and the bankruptcy automatic stay are the most powerful tenant defenses.

CARES Act is the tenant's best friend. Confirm whether the property is "covered" — this is straightforward for tenants in subsidized housing (Section 8 voucher, public housing, LIHTC, project-based Section 8) and for properties with federally backed mortgages (most Fannie/Freddie/FHA properties). The National Low Income Housing Coalition maintains a covered-properties database. A 3-day notice on a covered property is fatally defective.

Justice Court hearings move FAST. Service to hearing is often 7–10 days. Tenants must present defenses at the hearing or lose them. Prepare documentary evidence (rent receipts, repair requests, photos, code violations, lease) BEFORE the hearing date.

Appeal is critical. Justice Court judgments can be appealed to Circuit Court within 10 days for trial de novo (Miss. Code Ann. § 11-51-85). The Circuit Court generally provides better procedural protection. Appeal typically requires a cost bond and (in many courts) ongoing rent escrow.

Tender-stops-warrant. Under § 89-8-39, in a possession judgment based SOLELY on nonpayment of rent, the court SHALL NOT issue the warrant of removal if the tenant pays in full all sums owed under the judgment on or before the court-ordered move-out date. This is a critical eleventh-hour remedy. Document the tender attempt carefully.

Local legal aid resources (no fee for qualifying low-income tenants):

• Mississippi Center for Justice — http://mscenterforjustice.org
• Mississippi Volunteer Lawyers Project — https://msvlp.org
• North Mississippi Rural Legal Services — http://www.nmrls.com
• Mississippi Center for Legal Services — http://mslegalservices.org
• Catholic Charities of Mississippi (in some counties)
• Free Mississippi Tenant Hotline (where available)

Local protections. A small number of Mississippi municipalities (Jackson, Hattiesburg, Gulfport) have limited tenant ordinances. Confirm local rules.

Disaster moratoriums. Hurricane / federal-disaster declarations may suspend evictions for federally backed properties. Track FEMA / HUD / USDA notices.

Tenant screening / FCRA. Eviction filings (regardless of outcome) appear on tenant-screening reports. Consider sealing or set-aside motions where available; assert FCRA accuracy claims if reporting is wrong.

11. SOURCES AND REFERENCES

Mississippi Statutes:

• Miss. Code Ann. § 89-8-1 et seq. — Residential Landlord and Tenant Act.
• Miss. Code Ann. § 89-8-13 — 3-day rent / 14-day cure / repeat violation.
• Miss. Code Ann. § 89-8-19 — Periodic tenancy notice; no-notice exception.
• Miss. Code Ann. § 89-8-21 — Security deposit; 45-day return; bad-faith damages.
• Miss. Code Ann. § 89-8-23 — Limited landlord duties (habitability).
• Miss. Code Ann. § 89-8-25 — Tenant duties.
• Miss. Code Ann. § 89-8-27 — Tenant remedies (narrow).
• Miss. Code Ann. § 89-8-31 — Residential affidavit/complaint.
• Miss. Code Ann. § 89-8-35 — Residential summons (5–20 days).
• Miss. Code Ann. § 89-8-39 — Warrant of removal; 7-day vacate; tender-stops-warrant.
• Miss. Code Ann. § 11-9-101 — Justice Court civil jurisdiction ($3,500).
• Miss. Code Ann. § 11-51-85 — Justice Court appeals (10 days, trial de novo).

Court Rules:

• Mississippi Rules of Justice Court (effective July 1, 2014, as amended).
• Mississippi Rules of Civil Procedure (County / Circuit Court).

Federal Law:

• 15 U.S.C. § 9058 — CARES Act 30-day notice (permanent).
• 24 C.F.R. Part 247 — HUD-subsidized eviction (effective Jan. 13, 2025).
• 24 C.F.R. § 966.4 — Public housing lease (good cause).
• 24 C.F.R. § 982.310 — HCV/Section 8 termination (good cause / initial-term).
• 50 U.S.C. § 3931 — SCRA — affidavit of military service.
• 50 U.S.C. § 3951 — SCRA — eviction protection.
• 34 U.S.C. § 12491 — VAWA.
• 42 U.S.C. § 3604 — FHA discrimination.
• 42 U.S.C. § 3604(f)(3)(B) — FHA reasonable accommodation.
• 42 U.S.C. § 3617 — FHA retaliation.
• 42 U.S.C. § 3613 — FHA private right of action.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.
• 11 U.S.C. § 362(b)(22) — Limited eviction exception.
• 15 U.S.C. § 1681 et seq. — Fair Credit Reporting Act / tenant screening.

Authoritative Resources:

• Mississippi Legislature — http://www.legislature.ms.gov
• Mississippi Bar — Cur-RENT Law for Tenants and Landlords.
• Mississippi Administrative Office of Courts — https://courts.ms.gov
• Mississippi Center for Justice — http://mscenterforjustice.org
• Mississippi Volunteer Lawyers Project — https://msvlp.org
• North Mississippi Rural Legal Services — http://www.nmrls.com
• Mississippi Center for Legal Services — http://mslegalservices.org
• HUD Tenants' Rights — https://www.hud.gov
• National Low Income Housing Coalition (CARES Act covered-property database) — https://nlihc.org
• DMDC SCRA database — https://scra.dmdc.osd.mil/scra/

END OF TENANT ANSWER AND DEFENSES — MISSISSIPPI