The state’s Landlord-Tenant Act will be amended to eliminate the 10-day waiting period that separates an eviction judgment and a warrant for removal. Tenants who are behind on rent, have been “evicted” by a judge but were not yet locked out, had a 10-day grace period. This was a long-standing policy that allowed them to catch up or pack their belongings and move. Governor Phil Bryant is expected to sign the bill. The bill will be sent to Gov. Phil Bryant for his signature. This grace period gave landlords and tenants time to agree on a payment plan or allow the tenant to pack and move. The landlord can request a warrant to order law enforcement to lock out the tenant and remove them from their property. Senator Angela Burks Hill (R-Picayune), says that she introduced the bill in order to clarify legislation she had introduced last year and which was passed into law to speed up the removal warrant process. It was meant to clear up the confusion that resulted from not addressing the grace period in every section. Tenants, landlords, and judges all expressed confusion last year, and many interpreted the law differently, which led to different eviction outcomes for tenants in different areas. You can’t view (evictions) in isolation. It must be viewed in the context of: 1. Our affordable housing crisis; 2. 2, the growing problem of homelessness; and 3. The public policy of Mississippi for 30 years, which was the exact opposite to what this bill states,” John Jopling (housing campaign director, attorney for Mississippi Center for Justice), said. “And the new evidence about all the harm that flows from an eviction, not just to individuals but also to society,” said John Jopling, Mississippi Center for Justice’s housing campaign director and attorney. Mississippi has one of the highest eviction rates. According to the Princeton University-based research organization the Eviction Lab, Jackson is ranked fifth among large cities. Horn Lake is seventh for middle-sized cities. The state is eighth for evictions per head renters. Both sides of the bill believe that the new law will make it easier to evict landlords. Mississippi Today’s prior investigation revealed that the majority of court-rendered expulsions don’t result in constables removing tenants. Eviction proceedings are usually handled informally in Justice Court hallways or with tenants. Once a warrant has been issued, the tenants can move out. The new law allows landlords to immediately request a warrant of removal in order to speed up the removal process. Most cases ending up in court in Mississippi result in evictions due to the state’s poor tenant protections. Tenants who are three days late with rent will be evicted regardless of neglect or other personal circumstances. These issues can be settled at housing courts in many states. Judges will have the discretion to give tenants three days to vacate. However, the tenant must petition to that effect and prove that it would be in the best interests of justice or equity. Tenants are often not represented by lawyers. Previous investigations have shown that tenants find the landlord’s protections and resources more important than theirs. Jopling, a housing lawyer, stated that tenants who cannot afford their rent won’t be able to afford an attorney to represent them in Justice Court. They are not going to be able to recognize that they have to prove justice or equity. This bill states that the default time limit is zero. “Zero hours, zero minutes, zero (to get out)” A new law states that a landlord can evict a tenant without paying rent. The landlord must issue a removal warrant upon request. This effectively stops any mediation. Hill stated that while people don’t want to rent their property as charity, they need to protect their investment. Hill added that after the court proceedings and all, it is still possible for tenants to pay the rent. Many of them are receiving that (three days) and more right now. This clarifies that they cannot be left in the property indefinitely. Advocates argue that the clock for “late rent owed” should not begin until a judge has made an eviction decision. Tenants will have three days to move under the new law — provided they prove their innocence — after the determination has been made. Tenants will often go to court hoping to prove the landlord wrong. According to Jeremy Eisler, an attorney at the Mississippi Center for Justice, the tenants may not have received payments credited. They may have made repairs that they are entitled to reimbursement. Or they may have been denied the use of the premises because of issues which were the landlord’s fault.” They can be locked out of their homes before they return from court and all their belongings can be seized and destroyed under this statute. It is a travesty.” Rep. Brent Powell (R-Brandon), defended the bill before the House and stated that the bill was intended to speed up the process and give landlords relief. Rep. David Baria, D-Bay St. Louis, said this bill is a blatant infringement of existing efforts to give tenants more rights to remain in their homes and pay rent. He said, just before introducing an amend to the floor, “We are substantively altering the rights of tenants to be in a position to catch up on rent and keep the family where they are living.” His amendment was a compromise of the current law and the bill. It would have established the three-day grace period, instead of allowing it to be up to the discretion of a judge. The bill passed on party lines, with all three Democrats voting against the proposal and all Republicans voting for it. “That’s the essence of this bill, paying rent. Isn’t it better to let families live in the streets if they can pay their rent? Baria stated that although I have 10-day notices for bills I owe, it took me 11 days to pay them. However, I was not in danger of losing my home — that’s what’s the difference. Tenants have had ample time to catch up before the eviction process triggers and the case goes to court. Powell, who is a landlord, admitted during debate that he had a “pecuniary interests in the legislation” but did not consult justice courts or state housing clinics about the bill. Center for Justice advocates and others argue that statutory changes to address rent arrears are symptomatic of a larger problem: a lack of affordable housing for those living in poverty who spend more than 30% of their income on rent or utilities. More than 110,000 tenants are “extremely poor” and rent in Mississippi. This means their income is below the poverty level or they are unable to afford the average affordable rent for their area. According to the National Coalition of Low-Income Housing there are 57 affordable units per 100 renters who are in dire need. Those in greatest need spend more than half of their income on rent, which is a policy indicator that demonstrates extreme affordability. Advocates argue that policies that make it easier for landlords and tenants to evict renters will only increase the problem of affordable housing and make it more difficult for families to move on. How can someone get their spouse, their children and their furniture, their medicine or their bedding? What if they have to move in half an hour? Jopling, a housing lawyer, stated that it was impossible. Jopling, a housing attorney, stated that the Legislature had understood this 30 years ago. They made a reasonable decision (for the 10-day grace period), but there must be some flexibility. This law will just completely override that.” Some states are looking at tenant protections to combat high eviction rates. Georgia House approved a bill that would provide tenants protection against eviction if landlords fail to make repairs.