Mississippi Renters’ Rights: Dealing with Asbestos Hazards

Living in an older Mississippi rental can bring unique challenges, especially when it comes to health and safety hazards like asbestos. If you suspect or know asbestos is present in your apartment or rental home, it's important to understand your rights and what steps you can take to protect your health and legal interests. This article breaks down essential information, legal protections, and the options available to renters under current Mississippi laws.

What is Asbestos and Where Is It Found?

Asbestos is a naturally occurring mineral once popular in building materials for its strength and heat resistance. However, breathing in asbestos fibers can pose serious health risks, especially as old materials deteriorate. In Mississippi, many buildings built before the 1980s may contain asbestos in materials like:

  • Floor tiles and adhesives
  • Ceiling tiles
  • Pipe insulation
  • Roof shingles
  • Wall panels or joint compounds

Asbestos is most dangerous when disturbed, releasing dust or fibers into the air. If you notice crumbling ceilings, damaged tiles, or renovations exposing old materials, it's a good time to pay extra attention.

Mississippi Renter Rights and Landlord Responsibilities

Under Mississippi law, all rental housing must be safe and habitable. State landlords are required to keep homes in good repair, addressing known health hazards—including asbestos—promptly. The Mississippi Residential Landlord and Tenant Act outlines these fundamental protections for renters.1

  • Landlords must keep rental premises fit and livable.
  • Failure to address serious hazards, like exposed asbestos, may be a violation.
  • Tenants have the right to formally request repairs for known health concerns.
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How to Alert Your Landlord About Asbestos Concerns

If you think there could be asbestos in your apartment and it poses a risk (such as crumbling, exposed, or disturbed materials), put your concerns in writing. This written notice is crucial for documenting your request and preserving your rights.

  • Describe the suspected asbestos location and any visible damage.
  • Request a professional inspection and necessary abatement, if required.
  • Keep a copy of any document or email sent.

Filing a Complaint: Who Handles Rental Health & Safety in Mississippi?

Local city or county code enforcement is typically the first stop for unresolved health and safety issues. In larger cities, housing code officers may inspect the property. If the hazard isn't addressed, tenants may reach out to the Mississippi State Department of Health - Environmental Health for help, especially if there's potential exposure.

Tip: Save all written records of your concerns and communications in case you need to escalate your complaint.

Key Forms for Renters: How to Document or Advance a Complaint

Mississippi does not have a centralized, universal asbestos complaint form for renters, but most official complaints start at the city/county level. Check with your local code enforcement office—search for “[Your City] Housing Complaint Form" or visit your city government’s official website.

  • Written Repair Request or Notice of Defect (No Standard State Form): Notify your landlord of the issue and keep it for your records. This is required before escalating to city/county or court.
  • Municipal or County Housing Complaint Form: Used if a landlord does not take action. Example: Jackson Code Enforcement Complaint Form for tenants in Jackson, MS.

Example of practical use: If your landlord ignores your written notice about loose asbestos ceiling tiles, you would next file the city's code enforcement form linked above. Attach evidence, such as photos or prior emails.

Legal Protections and Your Options

If your landlord doesn't respond to repair requests involving asbestos, or if you believe the property is unsafe, you may be able to:

  • File a complaint with local code enforcement or the Mississippi Department of Health
  • Seek abatement or repairs through court action (as detailed in the Mississippi Residential Landlord and Tenant Act)
  • Consider withholding rent, but only after following the law’s notice and timing procedures.
    Do not withhold rent or move out without proper written notice and legal advice, as your lease could still be enforceable.

Disputes between tenants and landlords regarding health/safety may be decided in local Justice Courts. For more information, visit the Mississippi Justice Court site.

Your Summary: What to Do if You Suspect Asbestos

Dealing with asbestos is serious, but renters have protections. Start by documenting your concerns and making a written request to your landlord. If repairs aren't made, use local housing complaint forms or seek help from the Mississippi State Department of Health. Know your basic rights under the Residential Landlord and Tenant Act, and don't hesitate to reach out for legal help if you're unsure of the process.

Mississippi Asbestos Tenant Rights: FAQ

  1. What should I do first if I find damaged asbestos in my rental?
    Notify your landlord in writing as soon as possible, describing the issue and requesting a professional inspection or repairs.
  2. Can I break my lease or withhold rent over asbestos?
    Not without following specific legal steps. Mississippi law requires that you provide written notice and allow reasonable time for repairs first. Seek legal advice before taking drastic action.
  3. Who enforces asbestos safety in Mississippi rentals?
    Enforcement primarily happens through city/county code enforcement officers, with additional assistance from the Mississippi State Department of Health for health concerns.
  4. Is there a government form to report asbestos issues?
    There is no single state form, but most Mississippi cities provide online or paper housing complaint forms through their code enforcement offices.
  5. What laws protect me as a Mississippi renter?
    The Mississippi Residential Landlord and Tenant Act ensures your right to a safe, habitable home and sets out requirements that landlords address major hazards like asbestos.

Need Help? Resources for Renters


  1. Mississippi Residential Landlord and Tenant Act (MS Code Title 89, Ch. 8)
  2. Mississippi State Department of Health - Asbestos Program
  3. Mississippi Justice Court - Tenant/Landlord Disputes
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.