Denise Moore heard rumors that her apartment complex on Three Rivers Road in Gulfport was going to be condemned after Hurricane Katrina damaged much of the property.
 
She said apartment managers for The Reserve were nowhere to found, so she decided to get their attention the old-fashioned way, putting a giant, bright orange sign in front of the property asking, "where are the managers?"
 
The next day a small note appeared on her sign that said the complex was not condemned. Moore said she doesn't know who put it there, but soon after, city inspectors came out to look at the damage and she received a call from Heritage Properties in Jackson, the company that manages The Reserve.
 
Moore is one of scores of South Mississippi residents who rent property that sustained damage or destruction from Katrina. Rumors about condemning properties have spread like wildfire, causing some residents to fear they will be homeless.
 
Justice court judges, who handle civil disputes, pledge to be tough on landlords who illegally try to evict someone from their home.  The judges say the state's Residential Landlord and Tenant Act requires landlords to act in good faith.
 
In Gulfport, the largest city on the Coast, nine building inspectors are working to check every apartment complex to determine whether they are safe to live in. So far, no properties have been condemned, which is decided by city inspectors.
 
However, three apartment units have been shut until repairs are made, said George Carbo, director of the city's Urban Development department.
 
The buildings shut down include one at The Reserve that has major structural damage. Inspectors are checking to see if other units on the property must be shut down.
 
Gulfport inspectors closed two buildings at Edgewood Manor on 39th Avenue because of major damage caused by the hurricane. Carbo said the ground floor at Bayou View Apartments also was closed.
 
City attorney Harry Hewes drafted a letter explaining the legal rights of tenants, saying it is unlawful to remove a tenant from his home unless authorities determine the property is unsafe for occupancy.
 
In Pascagoula, several buildings sustained damage in the hurricane, but none was condemned. City Manager Kay Kell said four apartment complexes have been shut down for safety reasons and tenants were evicted.
 
Carbo said the city has received several complaints accusing landlords of violating the law; those who have complained said they haven't received anything in writing, which is required.
Harrison County Justice Court Judge Melvin Ray also has received numerous calls about the issue. The calls are from both tenants and landlords.
 
"Some landlords can't get the tenants out to do repairs and they want to know their rights," Ray said.
 
Denny Hugg, a resident of Cambridge Apartments off Cowan-Lorraine Road in Gulfport, has heard conflicting stories about the fate of his complex. He said Heritage Properties, which manages the complex, has failed to clean up hurricane debris and has not communicated with tenants.
 
Hugg documented the damage he has observed and notified Heritage in writing, which is what the law requires.
 
Wayne Pierce of Heritage Properties denied telling tenants any of the company's properties would be condemned. He said workers are expected to have all of the tenants in damaged buildings "dried in," by Friday. "Dried in," he said, means putting tarps on the roofs with damage.
Heritage also manages Brittany Apartments on DeBuys Road, which sustained the most damage of all the company's properties. He believes all the residents there have vacated because it is unsafe.
 
Pierce said he's not evicting anyone, but will ask tenants to leave during repairs. He said he couldn't guarantee those tenants another place to stay during that time.
"We're trying to get as many units on line as quickly as possible," Pierce said.
 
Large numbers of residents in Bayou View were displaced and must find shelters or other living arrangements.
 
First-floor residents of the complex behind Pass Road Baptist Church in Gulfport cannot move back into their units, which were inundated by 6 feet of water. Second-floor residents have no power or sewage service.
 
The 210 units, spread out in several buildings on 16 acres, will be renovated, said manager Judy Johnson. She did not know how long that would take.
 
The management notified first-floor residents Tuesday that they must vacate, and they were asked to provide a forwarding address and cell phone number to get back their deposits.
Second-floor residents were advised to vacate, not only because services are turned off but also because mold and mildew are beginning to infest those units.
 
The law
The state's Residential Landlord and Tenant Act gives Justice Court authority to deal with landlords who don't act in good faith. Section 89-8-13 addresses the right to terminate tenancy for breach; notice of breach; return of prepaid rent and security.
 
This chapter shall apply to, regulate and determine rights, obligations and remedies under any rental agreement entered into after July 1, 1991, wherever made, for a dwelling unit located within this state.
 
-          If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
-          If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
-          The nonbreaching party may deliver a written notice to the party in breach specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of 30 days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:
(a)     If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate;
(b)     In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the nonbreaching party may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;
(c)     Neither party may terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his family or other person on the premises with his consent.
(d)     If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.
(e)     Notwithstanding the provisions of this section or any other provisions of this chapter to the contrary, if the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord shall not be required to deliver 30 days' written notice as provided by subsection (3) of this section. In such event, the landlord may seek removal of the tenant from the premises in the manner and with the notice prescribed by Chapter 7, Title 89, Mississippi Code of 1972.
 
- MISSISSIPPI CODE
 

# # #

Pure Air Control Services, Inc.

1-800-422-7873