Landlord-Tenant & Property

Residential evictions follow Miss. Code Ann. §§ 89-8-31 through 89-8-43. The process starts with proper written notice (3 days for nonpayment, 14 days for other lease violations, 30 days for month-to-month termination). If the tenant does not comply, the landlord files a sworn affidavit in Justice Court. After a hearing, the court issues a judgment for possession and the tenant generally has 7 days to move out. If the tenant does not leave, the landlord can request a warrant for removal executed by the sheriff or constable. A defective notice can delay or defeat an eviction.

Under Miss. Code Ann. § 89-8-21, the landlord must give written notice itemizing any claims (unpaid rent, damage beyond ordinary wear and tear, cleaning, default expenses) and return the remaining portion of the deposit within 45 days after the lease terminates and the tenant delivers possession and requests the return. If the landlord fails to itemize or return the deposit within 45 days, the tenant may have a claim.

No. Mississippi law prohibits self-help evictions for residential tenancies. A landlord cannot lock you out, shut off utilities, remove your belongings, threaten you, or interfere with access before a court-ordered move-out date. If a landlord does so, you may have a wrongful-eviction or conversion claim. The landlord must go through the court process, obtain a judgment for possession, and wait for the move-out date before requesting a warrant for removal.

Under the Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 et seq.), the landlord must comply with building and housing codes affecting health and safety and maintain the dwelling in substantially the same condition as at lease start. If the landlord breaches, the tenant must give written notice identifying the problem. If it is not fixed within a reasonable time (not exceeding 14 days), the rental agreement terminates on a date not less than 14 days after the landlord receives notice. Withholding rent without following the statute can backfire, so it is important to follow the procedure correctly.

Yes. We represent both landlords pursuing lawful evictions and tenants defending against improper ones, as well as clients in security-deposit disputes, lease enforcement, and habitability matters. Whether you are a landlord who needs a proper eviction or a tenant whose rights have been violated, call 601-688-4110 to discuss your situation.