Title 89, Real and Personal Property

Suits by the tenant or a third person replevying the property, shall be triable at the first term of the court; and in either case, if the party replevying shall make default or fail to prosecute his suit, like judgment shall be entered against him and the sureties on the bond as…

If either party to such replevin or other action growing out of an attachment for rent or supplies, die pending the same, the suit may be revived for or against the representatives of the deceased party as other actions that survive may be revived.

If a person lease his land and die, the rent to accrue for the land during the year of his death shall be payable to the personal representative of the decedent, who shall have the same remedy therefor as the decedent would have had if he had lived.

If the trial of suit result in favor of the party replevying the property, the judgment shall be that he retain it, and recover of the party in whose name or right such distress was sued out damages for the wrongful suing out of the attachment. Thereupon scire facias may be issue…

If the papers, in case of a replevin of property, be returned to the wrong court, they shall be transferred to the proper court, and the case be there proceeded with as if they had been returned to that court in the first instance.

If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products…

Property, except agricultural products on which there is a lien for rent, found or being on any demised premises, not belonging to the tenant or to some person bound or liable for the rent of such premises, shall not be liable to be distrained for rent; but if the tenant or other…

When any person other than the tenant shall claim to be the owner of any property distrained or seized for rent or supplies, he may make affidavit that said property is his, and not the property of the tenant, and not held to the use of the tenant in any manner whatever, and is n…

The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit:“State of Mississippi, County.“Before me, , a justice of the peace of the said county, makes oath that certain property to wit: eight bales of cotton […

The affidavit may be made before the officer having the property, and he shall make return of it and of the bond, if any, and the attachment papers, and summon the other party, as required in case of a replevin by the tenant; and the claimant replevying the property shall prosecu…

On the trial of the issue between the landlord and such claimant, the burden of proof to show ownership in the property shall be on the claimant.

The executor or administrator of a person to whom rent is due and not paid at the time of his death may have an action for all such arrearages against the tenant or tenants who ought to have paid the rent so being behind in the lifetime of their testator or intestate, or against …

The grantees or assignees, and their heirs, personal representatives and assignees, of any lands let to lease, or of the reversion thereof, may have and enjoy the same advantages against the lessees, their personal representatives and assigns, by entry for the non-payment of rent…

Grants of rents or reversions or remainders shall be good and effectual without attornment of the tenants; but a tenant who has paid the rent to the grantor before notice of the grant shall not suffer any damage thereby.

The attornment of a tenant to a stranger shall be void unless it be with the consent of the landlord of such tenant, or pursuant to or in consequence of the judgment of a court of law or the decree of a court of equity.

All lessees of lands for a term of years, life or lives, their executors, administrators, or assigns, may have like action and advantage against all and every person or persons, their heirs and assigns, which have any gift or grant of the reversion of said lands, so leased, or an…

Notice to quit shall be necessary only where the term is not to expire at a fixed time. In all cases in which a notice is required to be given by the landlord or tenant to determine a tenancy, two (2) months’ notice, in writing, shall be given where the holding is from year to ye…

When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the …

A tenant or lessee at will or at sufferance, or for part of a year, or for one or more years, of premises or other lands not constituting a dwelling unit as defined in Section 89-8-7(b), and the assigns, undertenants, or legal representatives of such tenant or lessee, shall be re…

(a) To commence a civil action under Section 89-7-27, the landlord shall file a sworn affidavit or complaint, based upon the terms of the rental agreement that:(a) States the facts requiring the removal of the tenant;(b) Identifies the address of, or otherwise describes, the prem…

A tenant shall not be bound to pay rent for buildings after their destruction by fire or otherwise, nor shall a covenant or promise by a lessee to leave or restore the premises in good repair have the effect to bind him to erect or pay for such buildings as may be so destroyed, u…

(1) Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof. The summons shall command such person to immediately vacate the premises or to show cause before…

Service of summons shall be pursuant to applicable Mississippi Rules of Court.

(1) In eviction actions, the court shall grant a default judgment to the landlord where:(a) The landlord complies with Section 89-7-29;(b) Issuance and service of summons is proper;(c) The tenant fails to appear; and(d) The landlord is otherwise entitled to a judgment under law. …

(1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time …

The tenant in possession of the premises, or any person claiming possession thereof, may, at or before the time appointed in the summons for showing cause, file an affidavit with the court, denying the facts upon which the summons was issued; and the matters thus controverted may…

The court may, at the request of either party, adjourn a hearing from time to time. A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant. When an adjournment is granted, the court, may issue subpoenas and attachments to compel the…

If a judgment of possession is not granted to the landlord, the judge shall assess costs against the landlord and issue execution therefor.

(1) No person who has received money or payment in accordance with a lease contract or rental agreement to pay utility services shall knowingly, willfully and unlawfully:(a) Fail to apply the money or payment as necessary to satisfy the amount owed for the utility services within…

The judge before whom proceedings shall be had against a tenant holding over, shall keep a full record of the proceedings, and shall carefully preserve all papers in the cause. Appeals from final judgements under this chapter shall be pursuant to applicable Mississippi Rules of C…

If a tenant of lands, being in arrear for rent, shall desert the demised premises and leave the same uncultivated or unoccupied, so that a sufficient distress cannot be had to satisfy the arrears of rent, any constable of the county may, at the request of the landlord, and upon d…

Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or …

(1) Every lessor of land shall have a lien on the agricultural products of the leased premises, however and by whomsoever produced, to secure the payment of the rent and of money advanced to the tenant, and the fair market value of all advances made by him to his tenant for suppl…

A landlord shall have, for one (1) year, a lien for the reasonable value of all live stock, farming tools, implements and vehicles furnished by him to his tenant, upon the property so furnished and, as an additional security therefor, upon all the agricultural products raised upo…

An attachment or distress may be sued out by the lessor of lands, his executors, administrators, or assigns. It may be had for rent of the leased premises due and in arrear, or to become due, as the case may be, and for advances made by the landlord or his administrator or execut…

To obtain the attachment or distress, the party entitled thereto, his agent or attorney, shall make complaint on oath before a justice court judge averring the facts which entitle the party seeking it to the remedy; and, if anything is demanded on account of supplies, there shall…

Such complaint and bond may be made before any justice of the peace of the county in which the leased premises, or some part thereof, may be situated, or of any county in which the property, or some part thereof, sought to be distrained or seized may be found.

When the complaint has been made and bond given and approved by the justice court judge, it shall be his duty to issue a distress warrant or attachment-writ, commanding the seizure of the agricultural products, if any, upon which the party instituting the proceedings shall have c…

The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.: (a) “State of Mississippi, County.“Before me, , a justice of the peace of the County of , came , who, being duly sworn, says on oath: That [the tenant] is indebted to him [or if …

The bond for an attachment for rent or supplies may be in the following form, viz.: “We, , principal, and and , sureties, bind ourselves to pay the sum of dollars, unless the said principal obligor herein shall pay to the said all such damages as he shall sustain by reason of the…

The writ of attachment for rent and supplies, or either, may be in the following form, viz.: “The State of Mississippi.“To the sheriff or any constable of County, greeting:“Complaint on oath having been made before the undersigned, an acting justice of the peace in and for County…

The officer making a distress or seizure shall give notice thereof, with the cause of taking, to the tenant or his representative in person if found, or if not found, by leaving the notice at the dwelling house or other conspicuous place on the premises charged with the rent dist…

A person having rent in arrear or due upon any lease or demise of lands for life or lives, for years, at will, or otherwise, may bring an action for such arrears of rent against the person who ought to have paid the same or his legal representative.

The bond to be taken by the officer for the payment of the rent and supplies, or either, in three (3) months, may be in the following form, viz.: “The State of Mississippi,County of “We, , principal, and and , sureties, bind ourselves to pay the sum of [here insert double the sum…

The bond taken for the payment of rent or supplies shall be forthwith delivered to the landlord for whom the distress was made; and if the money be not paid according to the condition, any court having jurisdiction of the amount thereof shall, on motion, award execution against t…

When any landlord or lessor shall have just cause to suspect, and shall verily believe, that his tenant will remove his agricultural products on which there is a lien, or any part thereof, from the leased premises to any other place before the expiration of his term, or before th…