Mississippi Landlord Tenant Law - Click here to return to US Landlord

MISSISSIPPI CODE OF 1972
As Amended


SEC. 11-19-1. In what case the action lies. 

A civil action seeking ejectment as relief may be maintained in all cases where the plaintiff is
legally entitled to the possession of the land sued for and demanded.

SOURCES: Codes, 1892, Sec. 1626; 1906, Sec. 1801; Hemingway's 1917, Sec. 1434; 1930, Sec.
1427; 1942, Sec. 778. Laws, 1991, ch. 573, Sec. 36, eff from and after July 1, 1991.



SEC. 11-19-3. Power of courts over proceedings. 

The court in which an action of ejectment may be brought or be pending may exercise over the
proceedings therein the like jurisdiction and control as heretofore exercised in the action of
ejectment, so as to insure a trial of the title only, and of actual ouster when necessary, and for all
other purposes for which such jurisdiction was heretofore exercised.

SOURCES: Codes, 1857, ch. 55, art. 33; 1871, Sec. 1570; 1880, Sec. 2514; 1892, Sec. 1627;
1906, Sec. 1802; Hemingway's 1917, Sec. 1435; 1930, Sec. 1428; 1942, Sec. 779.



SEC. 11-19-5. Who may be made defendants. 

If the premises for which the action is brought be actually occupied by any person, such actual
occupant shall be made a defendant in the suit; and all other persons claiming title or interest to or
in the same may also, in all cases, be joined as defendants. If the premises be not occupied, the
action shall be brought against some person exercising acts of ownership over the premises
claimed, or claiming title thereto or some interest therein at the commencement of the suit.

SOURCES: Codes, 1892, Sec. 1628; 1906, Sec. 1803; Hemingway's 1917, Sec. 1436; 1930, Sec.
1429; 1942, Sec. 780.



SEC. 11-19-9. Landlord notified and admitted to defend. 

Every tenant sued in a civil action seeking ejectment as relief shall forthwith give notice thereof to
his landlord, under penalty of three (3) years' rent of the premises, to be recovered by the landlord
or his representatives in a civil action. The landlord of such tenant, or any other proper person,
shall, by leave of the court or judge, be admitted to appear and defend the action in all cases
where the same would have been allowed heretofore, and either separately or jointly with the
tenant. Any person admitted to defend as landlord in respect of property whereof he is in
possession only by his tenant, shall state in his answer that he defends as such landlord, and such
person shall be allowed to set up any defense he has heretofore been allowed to set up, and no
other. Any judgment in such action shall have the same effect for or against such person so
admitted to defend as if he had been named in the complaint and regularly served with process.

SOURCES: Codes, Hutchinson's 1848, ch. 59, art. 1 (85, 86); 1857, ch. 55, art. 4; 1871, Sec.
1542; 1880, Sec. 2482; 1892, Sec. 1630; 1906, Sec. 1805; Hemingway's 1917, Sec. 1438; 1930,
Sec. 1431; 1942, Sec. 782. Laws, 1991, ch. 573, Sec. 37, eff from and after July 1, 1991.



SEC. 11-19-11. Reversioner or remainderman admitted to defend. 

If a tenant for life or lives be impleaded concerning the land holden, the person to whom the
reversion or remainder belongs may come into court at any time before judgment, and shall be
admitted to defend his right.

SOURCES: Codes, 1880, Sec. 2516; 1892, Sec. 1631; 1906, Sec. 1806; Hemingway's 1917, Sec.
1439; 1930, Sec. 1432; 1942, Sec. 783.



SEC. 11-19-13. Default of tenant for life not to prejudice. 

If a tenant for life or lives, when impleaded, make default or give up the tenement demanded, or if
the judgment be given on such default or surrender, the person to whom the reversion or
remainder belongs after the determination of the life estate, shall not be prejudiced or injured by
such default, surrender, or judgment.

SOURCES: Codes, 1880, Sec. 2517; 1892, Sec. 1632; 1906, Sec. 1807; Hemingway's 1917, Sec.
1440; 1930, Sec. 1433; 1942, Sec. 784.



SEC. 11-19-15. Declaration. 

The consent rule, and all fictions heretofore used in a civil action seeking ejectment as relief, are
abolished; and the action shall be commenced by filing a complaint in the name of the person
claiming the premises in question, as plaintiff against the defendant. The complaint shall describe
the premises with such certainty as will distinctly apprise the defendant of their description and
situation, and so that from such description possession may be delivered. If the plaintiff claim only
an undivided interest therein, it shall state such interest. If the plaintiff claim more than he is
entitled to, he may, nevertheless, recover so much as he shall prove title to.

SOURCES: Codes, 1857, ch. 55, art. 1; 1871, Sec. 1539; 1880, Sec. 2479; 1892, Sec. 1633;
1906, Sec. 1808; Hemingway's 1917, Sec. 1441; 1930, Sec. 1434; 1942, Sec. 785. Laws, 1991,
ch. 573, Sec. 38, eff from and after July 1, 1991.



SEC. 11-19-19. Answer and defense. 

The defendants, or any of them, shall be allowed to answer or otherwise defend the action, either
jointly or separately. The answer, if the defendant do not admit the plaintiff's title, shall be "not
guilty," which shall be filed within the like time as required in personal actions; and under said
answer the defendant may give in evidence any lawful defense to the action not inconsistent with
the other provisions of this chapter. Any defendant may defend for a part only of the premises in
question; and in such case the part shall be described in the answer with the same certainty
required in the complaint.

SOURCES: Codes, 1857, ch. 55, art. 3; 1871, Sec. 1541; 1880, Sec. 2481; 1892, Sec. 1635;
1906, Sec. 1810; Hemingway's 1917, Sec. 1443; 1930, Sec. 1436; 1942, Sec. 787. Laws, 1991,
ch. 573, Sec. 39, eff from and after July 1, 1991.



SEC. 11-19-21. Pleading amended as to description of premises. 

If the premises be not described with sufficient certainty in the complaint or answer, the court or
judge may order the pleading to be amended so as to contain a sufficient description. If either
party fail to comply with such order, judgment may be entered as for want of a complaint or
answer, according to the circumstances of the case.

SOURCES: Codes, 1857, ch. 55, art. 6; 1871, Sec. 1544; 1880, Sec. 2484; 1892, Sec. 1636;
1906, Sec. 1811; Hemingway's 1917, Sec. 1444; 1930, Sec. 1437; 1942, Sec. 788. Laws, 1991,
ch. 573, Sec. 40, eff from and after July 1, 1991.



SEC. 11-19-23. Forms of proceedings. 

Declarations, writs, and pleas in the form or to the effect of the precedents appended hereto, shall
be good and sufficient for all purposes in proceedings under this chapter.

SOURCES: Codes, 1857, ch. 55, art. 35; 1871, Sec. 1547; 1880, Sec. 2487; 1892, Sec. 1637;
1906, Sec. 1812; Hemingway's 1917, Sec. 1445; 1930, Sec. 1438; 1942, Sec. 789.



SEC. 11-19-25. Form of declaration. 


"The State of Mississippi In the circuit court ____term, 
County of _______ A.D. ____

"A B, plaintiff, claims the right to possession of a tract of land, situated in ---- County, containing
---- acres, more or less, and being more particularly described as follows: (here insert legal
description of premises); and that the defendant wrongfully deprives him of the possession
thereof, for which damage in the amount of ---- Dollars are here demanded. 
"E F, Attorney for Plaintiff."

If mesne profits be demanded, add to the above form the following:

"And the plaintiff also demands of the defendant the sum of ---- Dollars for the use and
occupation of the said land by the defendant.

SOURCES: Codes, 1892, Sec. 1638; 1906, Sec. 1813; Hemingway's 1917, Sec. 1446; 1930, Sec.
1439; 1942, Sec. 790. Laws, 1991, ch. 573, Sec. 41, eff from and after July 1, 1991.





MISSISSIPPI CODE OF 1972
As Amended


SEC. 25-7-77. Fees for attachment for rent. 

The officer issuing an attachment or distress for rent or supplies furnished by a landlord to a
tenant, shall be entitled to one dollar and fifty cents for the affidavit, bond, and writ, to be paid by
the party obtaining them, which shall be collected with the rent or other demand and be refunded
to such party. The officer serving the attachment shall be entitled to the same fees and
commissions as are allowed to sheriffs for serving an attachment against an absconding debtor and
making the money thereon.

SOURCES: Codes, 1880, Sec. 1329; 1892, Sec. 2034; 1906, Sec. 2213; Hemingway's 1917, Sec.
1898; 1930, Sec. 1817; 1942, Sec. 3966.








MISSISSIPPI CODE OF 1972
As Amended


SEC. 89-7-1. Goods not to be removed until rent paid. 

No goods or chattels, lying or being in or upon any messuage, lands or tenements, leased or
rented for life, years, at will, or otherwise, shall at any time be liable to be taken by virtue of any
writ of execution, or other process whatever, unless the party so taking the same shall, before the
removal of the goods or chattels from such premises, pay or tender to the landlord or lessor
thereof, all the unpaid rent for the said premises, whether the day of payment shall have come or
not, provided it shall not amount to more than one year's rent; and the party suing out such
execution or other process, paying or tendering to such landlord or lessor the rent unpaid, not to
exceed one year's rent, may proceed to execute his judgment or process; and the officer levying
the same shall be empowered and required to levy and pay to the plaintiff as well the money so
paid for rent, as the money due under the process, and when the rent contracted for is payable,
not in money, but in other things, the creditor shall pay the landlord the money value of such
things.

SOURCES: Codes, 1906, Sec. 2851; Hemingway's 1917, Sec. 2349; 1930, Sec. 2175; 1942, Sec.
897; Laws, 1894, ch. 52. 



SEC. 89-7-3. Tenant not bound to pay rent for, or to restore, buildings destroyed-exception. 

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, unless in respect
to the matters aforesaid there was negligence or fault on his part, or unless he has expressly
stipulated to be so bound.

SOURCES: Codes, 1880, Secs. 1239, 1240; 1892, Secs. 2497, 2498; 1906, Secs. 2834, 2835;
Hemingway's 1917, Secs. 2332, 2333; 1930, Sec. 2176; 1942, Sec. 898. 



SEC. 89-7-5. Action for use and occupation where there is no contract. 

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
agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as
evidence of the amount to be recovered.

SOURCES: Codes, 1857, ch. 41, art. 19; 1871, Sec. 1638; 1880, Sec. 1323; 1892, Sec. 2538;
1906, Sec. 2876; Hemingway's 1917, Sec. 2374; 1930, Sec. 2177; 1942, Sec. 899. 



SEC. 89-7-7. Remedy by action for rent in arrear. 

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.

SOURCES: Codes, 1857, ch. 41, art. 14; 1871, Sec. 1633; 1880, Sec. 1322; 1892, Sec. 2537;
1906, Sec. 2875; Hemingway's 1917, Sec. 2373; 1930, Sec. 2178; 1942, Sec. 900. 



SEC. 89-7-9. Death of tenant for life; apportionment of rent. 

When a tenant for life who shall have demised lands, shall die on or after the day when any rent
became payable, his executor or administrator may recover from the under-tenant the whole rent
due; and if he die before the day when any rent is to become due, he may recover the proportion
of the rent which accrued before the time of the death of the tenant. The tenant for the life of
another, his executor or administrator, in case of the death of the person for whose life the estate
is held, on or before the day when any rent shall become due shall have like remedy; and a like
apportionment shall be made in the case of annuities.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (22); 1857, ch. 41, art. 20; 1871, Sec. 1639;
1880, Sec. 1328; 1892, Sec. 2543; 1906, Sec. 2881; Hemingway's 1917, Sec. 2379; 1930, Sec.
2179; 1942, Sec. 901. 



SEC. 89-7-11. Rent assets in hands of personal representative. 

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.

SOURCES: Codes, 1880, Sec. 1327; 1892, Sec. 2542; 1906, Sec. 2880; Hemingway's 1917, Sec.
2378; 1930, Sec. 2180; 1942, Sec. 902. 



SEC. 89-7-13. Executor or administrator may sue or distrain. 

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 executors
or administrators of such tenants. Every executor or administrator of any person to whom such
rent is due and not paid at the time of his death, may distrain for the arrearages of all such rents
on the lands which were charged with the payment of such rents, and liable to the distress of the
testator or intestate, so long as the same continue in the seizin or possession of the tenant who
ought to have paid the rent to the testator or intestate in his lifetime, or in the seizin or possession
of any person claiming the lands, only by and from the tenant, by purchase, gift, or descent, in like
manner and form as the said executor's or administrator's testator or intestate might have done in
his lifetime. The executors and administrators for the same distress may lawfully make avowry.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (20); 1857, ch. 41, art. 17; 1871, Sec. 1636;
1880, Sec. 1326; 1892, Sec. 2541; 1906, Sec. 2879; Hemingway's 1917, Sec. 2377; 1930, Sec.
2181; 1942, Sec. 903. 



SEC. 89-7-15. Rights of assignees of lessor. 

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, or for doing of
waste or suffering any forfeiture, and may have and avail of all the covenants and agreements
contained in the leases, demises or grants against the lessees, their personal representatives and
assigns, which the lessors themselves or their heirs could have had or enjoyed.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (18); 1857, ch. 41, art. 15; 1871, Sec. 1634;
1880, Sec. 1324; 1892, Sec. 2539; 1906, Sec. 2877; Hemingway's 1917, Sec. 2375; 1930, Sec.
2182; 1942, Sec. 904. 



SEC. 89-7-17. Grants of rents, good without attornment. 

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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 1 (30); 1857, ch. 36, art. 5; 1871, Sec. 2288;
1880, Sec. 1191; 1892, Sec. 2499; 1906, Sec. 2836; Hemingway's 1917, Sec. 2334; 1930, Sec.
2183; 1942, Sec. 905. 



SEC. 89-7-19. Attornment of tenant to stranger void; exception. 

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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 1 (31); 1857, ch. 36, art. 6; 1871, Sec. 2289;
1880, Sec. 1192; 1892, Sec. 2500; 1906, Sec. 2837; Hemingway's 1917, Sec. 2335; 1930, Sec.
2184; 1942, Sec. 906. 



SEC. 89-7-21. Rights of lessees against assignees of lessor. 

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 any parcel
thereof, for any condition, covenant, or agreement in their lease or leases, as the lessees, or any of
them, might have had against the lessors and their heirs, only excepting the benefit and advantage
of recoveries in value, by reason of any warranty in deed or law.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (19); 1857, ch. 41, art. 16; 1871, Sec. 1635;
1880, Sec. 1325; 1892, Sec. 2540; 1906, Sec. 2878; Hemingway's 1917, Sec. 2376; 1930, Sec.
2185; 1942, Sec. 907. 



SEC. 89-7-23. Notice to terminate tenancy. 

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 year, and one (1)
month's notice shall be given where the holding is by the half-year or quarter-year; and where the
letting is by the month or by the week, one (1) week's notice, in writing, shall be given. This
section shall not apply to rental agreements governed by the Residential Landlord and Tenant Act.

SOURCES: Codes, 1857, ch. 41, art. 21; 1871, Sec. 1640; 1880, Sec. 1330; 1892, Sec. 2544;
1906, Sec. 2882; Hemingway's 1917, Sec. 2380; 1930, Sec. 2224; 1942, Sec. 946; Laws, 1991,
ch. 478, Sec. 15, eff from and after July 1, 1991, and shall apply to rental agreements entered into
after such date. 



SEC. 89-7-25. Tenant holding after notice liable for double rent. 

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 premises at the
time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which
he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the
giving of notice could be; and double rent shall continue to be paid during all the time the tenant
shall so continue in possession.

SOURCES: Codes, 1857, ch. 41, art. 23; 1871, Sec. 1642; 1880, Sec. 1331; 1892, Sec. 2545;
1906, Sec. 2883; Hemingway's 1917, Sec. 2381; 1930, Sec. 2225; 1942, Sec. 947. 



SEC. 89-7-27. Proceedings against tenant holding over. 

A tenant or lessee at will or at sufferance, or for part of a year, or for one or more years, of any
houses, lands, or tenements, and the assigns, under-tenants, or legal representatives of such tenant
or lessee, may be removed from the premises by the judge of the county court, any justice of the
peace of the county, or by the mayor or police justice of any city, town, or village where the
premises, or some part thereof, are situated, in the following cases, to wit:

First.-Where such tenant shall hold over and continue in possession of the demised premises, or
any part thereof, after the expiration of his term, without the permission of the landlord.

Second.-After any default in the payment of the rent pursuant to the agreement under which such
premises are held, and when satisfaction of the rent cannot be obtained by distress of goods, and
three days' notice, in writing, requiring the payment of such rent or the possession of the premises,
shall have been served by the person entitled to the rent on the person owing the same.

SOURCES: Codes, 1857, ch. 41, art. 27; 1871, Sec. 1646; 1880, Sec. 1333; 1892, Sec. 2547;
1906, Sec. 2885; Hemingway's 1917, Sec. 2383; 1930, Sec. 2226; 1942, Sec. 948. 



SEC. 89-7-29. Affidavit to remove. 

The landlord or lessor, his legal representatives, agents, or assigns, in order to have the benefit of
such proceedings, shall make oath or affirmation of the facts which, according to the last
preceding section, authorize the removal of the tenant, describing therein the premises claimed
and the amount of rent due and when payable, and that the necessary notice has been given to
terminate such tenancy.

SOURCES: Codes, 1857, ch. 41, art. 28; 1871, Sec. 1648; 1880, Sec. 1334; 1892, Sec. 2548;
1906, Sec. 2886; Hemingway's 1917, Sec. 2384; 1930, Sec. 2227; 1942, Sec. 949. 



SEC. 89-7-31. Issuance of summons. 

On receiving such affidavit, the county judge, justice, mayor, or other officer shall issue a
summons, directed to the sheriff or any constable of the county, or the marshal of the city, town,
or village wherein the premises, or some part thereof, are situated, describing the premises, and
commanding him to require the person in possession of the same or claiming the possession
thereof, forthwith to remove therefrom, or to show cause before the justice or other officer, on a
day to be named not less than three nor more than five days from the date of the summons, why
possession of the premises should not be delivered to the applicant.

SOURCES: Codes, 1857, ch. 41, art. 29; 1871, Sec. 1649; 1880, Sec. 1335; 1892, Sec. 2549;
1906, Sec. 2887; Hemingway's 1917, Sec. 2385; 1930, Sec. 2228; 1942, Sec. 950. 



SEC. 89-7-33. Service of summons. 

Such summons shall be served as a summons is served in other cases, if the tenant can be found; if
not, then by putting up a copy in some conspicuous place on the premises where the tenant last or
usually resided.

SOURCES: Codes, 1857, ch. 41, art. 30; 1871, Sec. 1650; 1880, Sec. 1336; 1892, Sec. 2550;
1906, Sec. 2888; Hemingway's 1917, Sec. 2386; 1930, Sec. 2229; 1942, Sec. 951. 



SEC. 89-7-35. Proceedings where no defense. 

If, at the time appointed, it appear that the summons has been duly served, and if sufficient cause
be not shown to the contrary, the magistrate shall issue his warrant to the sheriff or any constable
of the county, or to a marshal of the city, town, or village where the premises, or some part
thereof, are situated, commanding him to remove all persons from the premises, and to put the
applicant into full possession thereof.

SOURCES: Codes, 1857, ch. 41, art. 31; 1871, Sec. 1651; 1880, Sec. 1337; 1892, Sec. 2551;
1906, Sec. 2889; Hemingway's 1917, Sec. 2387; 1930, Sec. 2230; 1942, Sec. 952. 



SEC. 89-7-37. Defense may be made. 

The person in possession of such 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 magistrate
who issued the same, denying the facts upon which the summons was issued; and the matters thus
controverted may be tried by the magistrate.

SOURCES: Codes, 1857, ch. 41, art. 32; 1871, Sec. 1652; 1880, Sec. 1338; 1892, Sec. 2552;
1906, Sec. 2890; Hemingway's 1917, Sec. 2388; 1930, Sec. 2231; 1942, Sec. 953. 



SEC. 89-7-39. Continuances, subpoenas. 

The magistrate may, at the request of either party, adjourn the hearing from time to time, one
adjournment not to exceed ten days, except by consent, and may issue subpoenas and attachments
to compel the attendance of witnesses.

SOURCES: Codes, 1857, ch. 41, art. 35; 1871, Sec. 1655; 1880, Sec. 1339; 1892, Sec. 2553;
1906, Sec. 2891; Hemingway's 1917, Sec. 2389; 1930, Sec. 2232; 1942, Sec. 954. 



SEC. 89-7-41. Form of judgment for landlord. 

If the decision be in favor of the landlord or other person claiming the possession of the premises,
the magistrate shall issue his warrant to the sheriff, constable, or other officer, commanding him
forthwith to put such landlord or other person into possession of the premises, and to levy the
costs of the proceedings of the goods and chattels, lands and tenements, of the tenant or person in
possession of the premises who shall have controverted the right of the landlord or other person.

SOURCES: Codes, 1857, ch. 41, art. 36; 1871, Sec. 1656; 1880, Sec. 1340; 1892, Sec. 2554;
1906, Sec. 2893; Hemingway's 1917, Sec. 2390; 1930, Sec. 2233; 1942, Sec. 955. 



SEC. 89-7-43. Judgment for defendant. 

If the decision be in favor of the tenant, he shall recover costs of the applicant, and the magistrate
shall issue execution therefor.

SOURCES: Codes, 1857, ch. 41, art. 37; 1871, Sec. 1657; 1880, Sec. 1341; 1892, Sec. 2555;
1906, Sec. 2892; Hemingway's 1917, Sec. 2391; 1930, Sec. 2234; 1942, Sec. 956. 



SEC. 89-7-45. Stay of proceedings. 

If the proceedings be founded upon the non-payment of rent, the issuance of the warrant for the
removal of the tenant shall be stayed if the person owing the rent shall, before the warrant be
actually issued, pay the rent due and the costs of the proceedings, or give such security as shall be
satisfactory to the magistrate, to the person entitled to the rent, for the payment thereof and costs
in ten days; and if the rent and costs shall not be paid accordingly, the warrant shall then issue as if
the proceedings had not been stayed.

SOURCES: Codes, 1857, ch. 41, art. 38; 1871, Sec. 1658; 1880, Sec. 1342; 1892, Sec. 2556;
1906, Sec. 2894; Hemingway's 1917, Sec. 2392; 1930, Sec. 2235; 1942, Sec. 957. 



SEC. 89-7-47. Record, appeals. 

The magistrate before whom proceedings shall be had against a tenant holding over, shall keep a
full record of his proceedings, and shall carefully preserve all papers in the cause, and the same
costs shall be taxed and paid as are allowed for similar service in cases of unlawful entry and
detainer, and the right of appeal shall exist as in such cases.

SOURCES: Codes, 1857, ch. 41, art. 39; 1871, Sec. 1659; 1880, Sec. 1343; 1892, Sec. 2557;
1906, Sec. 2895; Hemingway's 1917, Sec. 2393; 1930, Sec. 2236; 1942, Sec. 958. 



SEC. 89-7-49. Proceedings when tenant deserts premises. 

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 due proof by
affidavit that the premises have been deserted, leaving rent in arrear, and not sufficient distress
thereon, go upon and view the premises, and upon being satisfied that the premises have been so
deserted, he shall affix a notice, in writing, upon a conspicuous part of the premises, stating what
day he will return to take a second view thereof, not less than five (5) days nor more than fifteen
(15) days thereafter, and requiring the tenant then to appear and pay the rent due. At the time
specified in the notice the constable shall again view the premises, and if, upon second view, the
tenant shall not pay the rent due, or there shall not be sufficient distress upon the premises, then
the justice court may put the landlord in possession of the premises, and the lease thereof to such
tenant shall become void. The tenant may appeal to the circuit court from the proceedings of the
justice court at any time within thirty (30) days after possession delivered, by serving notice in
writing thereof upon the landlord, and by giving bond, with sufficient sureties, to be approved by
the justice court, for the payment to the landlord of the costs of appeal, which may be adjudged
against the tenant; and thereupon the justice court shall return the proceedings before him to the
next term of the circuit court, and said court shall, at the return term, examine the proceedings in
a summary way, and may order restitution to be made to the tenant, with costs of appeal, to be
paid by the landlord; or in case of affirming the proceedings, shall award costs against the tenant
and sureties in his bond.

SOURCES: Codes, 1857, ch. 41, art. 24; 1871, Sec. 1643; 1880, Sec. 1332; 1892, Sec. 2546;
1906, Sec. 2884; Hemingway's 1917, Sec. 2382; 1930, Sec. 2237; 1942, Sec. 959; Laws, 1990,
ch. 404, Sec. 1, eff from and after July 1, 1990. 



SEC. 89-7-51. Lien of landlord. 

(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 supplies for
the tenant and others for whom he may contract, and for his business carried on upon the leased
premises. This lien shall be paramount to all other liens, claims, or demands upon such products.
The claim of the lessor for supplies furnished may be enforced in the same manner and under the
same circumstances as his claim for rent may be; and all the provisions of law as to attachment for
rent and proceedings under it shall be applicable to a claim for supplies furnished, and such
attachment may be levied on any goods and chattels liable for rent, as well as on the agricultural
products.
(2) All articles of personal property, except a stock of merchandise sold in the normal course of
business, owned by the lessee of real property and situated on the leased premises shall be subject
to a lien in favor of the lessor to secure the payment of rent for such premises as has been
contracted to be paid, whether or not then due. Such lien shall be subject to all prior liens or other
security interests perfected according to law. No such articles of personal property may be
removed from the leased premises until such rent is paid except with the written consent of the
lessor. All of the provisions of law as to attachment for rent and proceedings thereunder shall be
applicable with reference to the lessor's lien under this subsection.

SOURCES: Codes, 1880, Sec. 1301; 1892, Sec. 2495; 1906, Sec. 2832; Hemingway's 1917, Sec.
2330; 1930, Sec. 2186; 1942, Sec. 908; Laws, 1972, ch. 343, Sec. 1, eff from and after July 1,
1972. 



SEC. 89-7-53. Lien for live stock, implements and vehicles. 

A landlord shall have, for one 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 upon the leased premises.
The said property so furnished shall be considered as supplies and the lien therefor may be
enforced accordingly. Such lien shall be a superior and first lien, and need not be evidenced by
writing, or if in writing need not be recorded.

SOURCES: Codes, 1892, Sec. 2496; 1906, Sec. 2833; Hemingway's 1917, Sec. 2331; 1930, Sec.
2187; 1942, Sec. 909. 



SEC. 89-7-55. Attachment for rent and supplies; who entitled to and for what. 

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 executor for supplies
for the tenant and others for whom the tenant may have contracted and for his business carried on
upon the leased premises.

SOURCES: Codes, 1892, Sec. 2501; 1906, Sec. 2838; Hemingway's 1917, Sec. 2336; 1930, Sec.
2188; 1942, Sec. 910. 



SEC. 89-7-57. How obtained. 

To obtain such attachment or distress, the party entitled thereto, his agent or attorney, shall make
complaint on oath before a justice of the peace, averring the facts which entitle the party seeking
it to the remedy; and, if anything be demanded on account of supplies, there shall be filed with the
complaint an itemized bill of particulars thereof. The complainant shall enter into bond with
sufficient sureties, payable to the tenant, his executor or administrator, in a penalty equal to
double the sum claimed to be due, conditioned to pay all such damages as may be sustained by the
obligee by the wrongful suing out of the writ, and all costs that may be awarded against the
principal obligor.

SOURCES: Codes, 1892, Sec. 2502; 1906, Sec. 2839; Hemingway's 1917, Sec. 2337; 1930, Sec.
2189; 1942, Sec. 911. 



SEC. 89-7-59. Before whom complaint made. 

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.

SOURCES: Codes, 1892, Sec. 2503; 1906, Sec. 2840; Hemingway's 1917, Sec. 2338; 1930, Sec.
2190; 1942, Sec. 912. 



SEC. 89-7-61. Writ. 

When the complaint shall have been made and bond given, and approved by the justice, 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 claimed a lien, and
also commanding the officer to distrain the goods and chattels other than the agricultural products
of such tenant, if necessary, and deal with the same as provided by law; the entire seizure and
distraint to be of value sufficient to satisfy the sum demanded with interest and costs.

SOURCES: Codes, 1892, Sec. 2504; 1906, Sec. 2841; Hemingway's 1917, Sec. 2339; 1930, Sec.
2191; 1942, Sec. 913. 



SEC. 89-7-63. Form of affidavit. 

The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:

"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 affidavit be made by an agent or
attorney, strike out 'him' and insert the name of the landlord or person to whom the rent is due,
and add after the landlord's name, 'of whom the affiant is agent'] in the sum of ---- dollars for rent
in arrears [or if the rent be not due, strike out the words 'in arrears,' and insert 'to become due on
the ---- day of ----, A.D. ----'] by virtue of a lease for the term commencing on the ---- day of ----,
A.D. ----, and ending on the ---- day of ----, A.D. ---- of land situated in ---- County, and
described as [here describe the leased premises; it is well to describe by name, if it has one, or by
its occupants, and if such be the case it would be well to say 'and occupied by said ----, tenant,
during the year ----'].

"And the said ----, the tenant, is further indebted to affiant [or if the oath be made by an agent or
attorney, strike out 'affiant' and insert the name of the landlord or person to whom the debt is due]
in the further sum of ---- dollars, now due [if the debt be not due, strike out the words 'now due,'
and insert 'to become due on the ---- day of ----, A.D.'] ---- of which supplies a bill of particulars
is attached hereto. Affiant [or if made by an agent or attorney, say 'affiant's said principal'] claims
a lie the following agricultural products raised during the year ----, on the said leased premises
[here describe the products, giving their location, if known, for the officer's guidance].

"Sworn to and subscribed before me, this the ---- day of ----, A.D. ---- 
_________________, J.P." 

(a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for
supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.
(b) If the claim be not due, add to the form the following words: "And affiant has just cause to
suspect, and does verily believe that the said tenant will remove [or has removed, as the case may
be] his effects from said leased premises before said claim [or claims] be or shall become due, so
that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the
agricultural products raised on the premises."
(c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it
is, giving the money value of what is due.

SOURCES: Codes, 1892, Sec. 2505; 1906, Sec. 2842; Hemingway's 1917, Sec. 2340; 1930, Sec.
2192; 1942, Sec. 914. 



SEC. 89-7-65. Form of bond. 

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 wrongful suing out of an attachment for rent and supplies [if for rent only,
strike out the words 'and supplies;' and if for supplies only, strike out the words 'rent and'] in favor
of said principal obligor against the said obligee for ---- dollars, for rent and supplies [if for rent
only, strike out the words 'and supplies;' and if for supplies only, strike out the words 'rent and']
due and in arrears [or if the attachment be for a debt to become due, strike out the words 'due and
in arrears,' and insert 'to become due on the ---- day of ----, A.D. ----'] upon certain leased
premises, in ---- County.

"Witness our hands, this the ---- day of ----, A.D. ---- 
"_________________, 
_________________" 
"The above bond is approved by me, this ________ day of ________, A.D. ______. 
"_________________, J.P." 

SOURCES: Codes, 1892, Sec. 2506; 1906, Sec. 2843; Hemingway's 1917, Sec. 2341; 1930, Sec.
2193; 1942, Sec. 915. 



SEC. 89-7-67. Form of the writ. 
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, that ____ is indebted to ____ for rent in arrear on the following leased
premises [here describe the premises as in the affidavit], in the sum of ____ dollars, and that the
said ____ is further indebted to ____ for supplies furnished the said ____, the tenant, by his
landlord, in the sum of ____ dollars additional; and the claim having been made that there is a lien
to secure the said debts on the following named agricultural products [here describe the products
as in the affidavit], and bond having been given as required by law:

"Now, this is to command you that you forthwith seize and take the sa id agricultural products to
an amount sufficient to satisfy the said debts, with interest and costs; and, if there be not a
sufficiency of said products so to do, then that you distrain the other goods and chattels of the
said ____, the tenant, so that your whole seizure may be sufficient to satisfy both of said sums,
with interest and costs, and that you deal with the same as the law directs.

"_________________, J.P." 

in these words:

"This is to command you to distrain the goods and chattels of the said ____, the tenant, to an
amount sufficient to satisfy the said demands, with interest and costs, and that you deal with the
same as the law directs."

SOURCES: Codes, 1892, Sec. 2507; 1906, Sec. 2844; Hemingway's 1917, Sec. 2342; 1930, Sec.
2194; 1942, Sec. 916. 



SEC. 89-7-69. Goods sold if not replevied. 

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 to be found, or if not found, by leaving such notice at the
dwelling house or other conspicuous place on the premises charged with the rent distrained for,
and shall forthwith advertise the property distrained or seized for sale as if under execution; and if
the tenant or owner of the goods distrained or seized shall not, before the time appointed for the
sale, replevy the same by giving bond with sufficient sureties, to be approved by such officer,
payable to the plaintiff in the attachment, in double the amount claimed, conditioned for the
payment of the sum demanded, with lawful interest for the same, and costs, at the end of three
months after making such distress, the officer shall sell the goods and chattels distrained or seized
at public sale to the highest bidder for cash, and shall, out of the proceeds of the sale, pay the
costs of the proceedings, and shall pay to the plaintiff the amount of his demand, with interest.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(2); 1857, ch. 41, art. 2; 1871, Sec. 1621;
1880, Sec. 1303; 1892, Sec. 2508; 1906, Sec. 2845; Hemingway's 1917, Sec. 2343; 1930, Sec.
2195; 1942, Sec. 917. 



SEC. 89-7-71. Form of bond for payment of rent. 

The bond to be taken by the officer for the payment of the rent and supplies, or either, in three
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 claimed] dollars, unless, on or before the ---- day of ----, A.D. ----, the said
---- shall pay to the said ---- the sum of ---- dollars, being for rent and supplies due him from the
said ----, the tenant on the land in said county, being [here describe the leased premises as in the
writ], together with interest thereon to said date, and the costs of the attachment for the same,
levied on the property of said tenant, and now restored to him by virtue of this bond.

"Witness our signatures, this ---- day of ----, A.D. ----. 
"_________________, 
"_________________, 
"_________________." 
"The foregoing bond is approved by me, this ______ day of ______, A.D. ______. 
"_________________, Sheriff." 

If the attachment be for rent not due, the bond for the payment thereof will vary in its terms to
suit the case.

SOURCES: Codes, 1892, Sec. 2509; 1906, Sec. 2846; Hemingway's 1917, Sec. 2344; 1930, Sec.
2196; 1942, Sec. 918. 



SEC. 89-7-73. Bond delivered to lessor, and proceedings thereon. 

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 the obligors
therein, the bond being filed in the court, and five days' notice given of the motion.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(3); 1857, ch. 41, art. 6; 1871, Sec. 1625;
1880, Sec. 1307; 1892, Sec. 2510; 1906, Sec. 2847; Hemingway's 1917, Sec. 2345; 1930, Sec.
2197; 1942, Sec. 919. 



SEC. 89-7-75. Remedy when claim not due in certain cases. 

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 the rent or claim for
supplies will fall due, or that he will remove his other effects, so that distress cannot be made, the
landlord or lessor, in either case, on making oath thereof, and of the amount the tenant is to pay,
and at what time the same will fall due, and giving bond, as required were the debt due, may, in
like manner, obtain an attachment against the goods and chattels of such tenant; and the officer
making the distress shall give notice thereof, and advertise the property distrained or seized for
sale. If the tenant shall not, before the time appointed for sale, give bond, with sufficient sureties,
in double the amount of the rent or other demand, payable to the plaintiff, conditioned for the
payment of the sum due at the time it shall fall due, with costs, the goods distrained or seized, or
so much thereof as may be necessary, shall be sold by the officer, at public sale, to the highest
bidder, for cash, and out of the proceeds of the sale he shall pay the costs, and shall pay to the
plaintiff the amount owing to him, deducting interest for the time until the same shall become due.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(7); 1857, ch. 42, art. 3; 1871, Sec. 1622;
1880, Sec. 1304; 1892, Sec. 2511; 1906, Sec. 2848; Hemingway's 1917, Sec. 2346; 1930, Sec.
2198; 1942, Sec. 920. 



SEC. 89-7-77. Goods removed before debt due, distrained. 

When any tenant shall have actually removed his effects, other than the agricultural products,
upon which there is a lien, from the leased premises before the rent or demand for supplies has
become due, so that there be no sufficient property liable to distress or seizure left on the
premises, the landlord may in like manner obtain an attachment at any time after such removal or
within thirty days after such rent or other claim becomes due, and may levy the same on the
effects so removed wherever they may be found and like proceedings shall be had thereon as in
other cases. And if any tenant shall remove his agricultural products upon which there is a lien
from the leased premises, the landlord may at any time have the same seized wherever they may
be found, and like proceedings shall be had thereon as in other cases.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(8); 1857, ch. 41, art. 4; 1871, Sec. 1623;
1880, Sec. 1305; 1892, Sec. 2512; 1906, Sec. 2849; Hemingway's 1917, Sec. 2347; 1930, Sec.
2199; 1942, Sec. 921. 



SEC. 89-7-79. Goods removed, seized within thirty days. 

If any tenant shall at any time convey or carry off from the demised premises, his goods or
chattels, leaving the rent, or any part thereof, or the sum owing for supplies, unpaid, the landlord
or lessor, or his assigns, may, within thirty days next after such conveying away or carrying off
such goods or chattels, cause the same to be taken and seized wherever found, and the same to
sell in like manner as if they had been distrained in or upon the demised premises. But goods or
chattels, other than the agricultural products upon which there is a lien, so carried off and sold in
good faith for a valuable consideration before seizure made, shall not be afterwards liable to be
taken and seized for rent or supplies.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(12); 1857, ch. 41, art. 5; 1871, Sec. 1624;
1880, Sec. 1306; 1892, Sec. 2513; 1906, Sec. 2850; Hemingway's 1917, Sec. 2348; 1930, Sec.
2200; 1942, Sec. 922. 



SEC. 89-7-81. Distress may be made after termination of lease. 

Any person, or his executor, administrator, or assigns having rent in arrear upon any lease for life,
years, or otherwise, ended and determined, or a claim for supplies, may distrain for such arrears,
after the termination of the lease, in the same manner as if the same had not been determined; but
the distress must be made within six months after the termination of the lease, and during the
continuance of the landlord's title or interest, and during the possession of the tenant from whom
the arrears are due.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(14); 1857, ch. 41, art. 7; 1871, Sec. 1626;
1880, Sec. 1308; 1892, Sec. 2514; 1906, Sec. 2852; Hemingway's 1917, Sec. 2350; 1930, Sec.
2201; 1942, Sec. 923. 



SEC. 89-7-83. Sale of goods stopped without bond. 

If the tenant shall make affidavit, before the officer holding his property under an attachment for
rent or supplies alleged to be due or to become due, that he does not or will not owe the amount
claimed, such officer shall not sell the property, unless it be liable to perish or greatly depreciate,
or be expensive to keep, in which case he shall sell it and hold the proceeds to the end of the suit;
and he shall return the attachment with the affidavit and a statement of his proceedings to the
proper court, and shall summon the party who sued out the attachment to appear there; and
further proceedings shall be had as if the tenant had replevied the goods by giving bond.

SOURCES: Codes, 1880, Sec. 1316; 1892, Sec. 2528; 1906, Sec. 2866; Hemingway's 1917, Sec.
2364; 1930, Sec. 2202; 1942, Sec. 924. 



SEC. 89-7-85. Distress to be reasonable, and property seized not to be removed from county. 

It shall not be lawful for any officer who may execute an attachment for rent or supplies to
remove the property distrained or seized out of the county where the distress or seizure was
made; and if any officer or other person shall so remove any property distrained or seized, he shall
pay to the party aggrieved double the value of the property removed, to be recovered in an action.
And, moreover, distresses and seizures shall in all cases be reasonable and not too great; and any
officer who shall make an unreasonable distress or seizure, under color of law, shall be liable to
the party aggrieved for double damages.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5(23); 1857, ch. 41, art. 8; 1871, Sec. 1627;
1880, Sec. 1309; 1892, Sec. 2515; 1906, Sec. 2853; Hemingway's 1917, Sec. 2351; 1930, Sec.
2203; 1942, Sec. 925. 



SEC. 89-7-87. Irregularities not to affect distress. 

When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or
unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure
shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose
instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by
such irregularity or unlawful act, may recover the special damage he may have sustained thereby. 
However, an action shall not be sustained if tender of amends be made by the party distraining
before suit is brought.

SOURCES: Codes, 1880, Sec. 1310; 1892, Sec. 2516; 1906, Sec. 2854; Hemingway's 1917, Sec.
2352; 1930, Sec. 2204; 1942, Sec. 926. 



SEC. 89-7-89. How goods replevied. 

The tenant, his executor or administrator, may replevy the agricultural products or other property
distrained, at any time before the sale thereof, by giving bond with one or more sufficient sureties,
to be approved by the officer in whose custody the property may be, payable to the party in
whose name or right the distress or seizure was made, in a penalty double the amount distrained
for or double the value of the property seized, where the value is less than the amount distrained
for, conditioned to prosecute his suit against the obligee in the bond for the property, and to
perform the judgment of the court in such suit, in case he shall fail therein. Upon the delivery of
such bond to the officer having control of the property, he shall deliver the same to the party
giving the bond, and shall return the bond and the writ of attachment, with a statement of his
proceedings, to the clerk of the circuit court if the value of the property or amount distrained for
exceed two hundred dollars, and to the justice of the peace who issued the attachment if neither
the amount claimed nor the value of the property exceed two hundred dollars; and he shall
summon the party in whose name or right the distress or seizure was made, to appear at the next
term of the court to which return of the attachment and bond shall be made, to answer the suit of
the person replevying the property; and the officer shall make his return of having summoned such
party on the papers by him returned to the court.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (15); 1857, ch. 41, art. 11; 1871, Sec. 1630;
1880, Sec. 1312; 1892, Sec. 2518; 1906, Sec. 2856; Hemingway's 1917, Sec. 2354; 1930, Sec.
2205; 1942, Sec. 927. 



SEC. 89-7-91. Summons or publication for party distraining. 

In case of failure to summon in the first instance the party in whose name or right the distress was
made, a summons may be issued for him by the clerk of the circuit court or justice of the peace;
and if he cannot be found, publication may be made as in attachment cases.

SOURCES: Codes, 1880, Sec. 1313; 1892, Sec. 2520; 1906, Sec. 2858; Hemingway's 1917, Sec.
2356; 1930, Sec. 2206; 1942, Sec. 928. 



SEC. 89-7-93. Form of replevin-bond. 

The tenant's replevin-bond, or that of a claimant, may be in the following form, viz.:

"We, ----, principal, and ---- and ----, sureties, bind ourselves to pay ---- the sum of ---- dollars
[double the value of the goods and chattels, if that be less than the rent claimed], unless the said
---- shall prosecute his suit against the said ---- for certain goods and chattels, to wit: Eight bales
of cotton [or whatever is distrained], distrained for rent [or supplies, or both, as the case may be]
by virtue of an attachment in favor of ---- against ----, issued by ----, a justice of the peace of ----
County, and now here restored to the said ----, and shall perform the judgment of the court in
such suit in case he s hall fail therein.

"Witness our hands, the ---- day of ----, A.D. ----. 
"_________________, 
"_________________, 
"_________________." 
"I approve the foregoing bond, this ______ day of ______, A.D. ______. 
"_________________" 

SOURCES: Codes, 1880, Sec. 1353; 1892, Sec. 2519; 1906, Sec. 2857; Hemingway's 1917, Sec.
2355; 1930, Sec. 2207; 1942, Sec. 929. 



SEC. 89-7-95. Party replevying to propound claim. 

By the first day of the next term of the court to which such replevy-bond and attachment shall
have been returned, or afterwards, if longer time be granted by the court, the party who replevied
the property shall file either a motion to quash the attachment proceedings or his declaration in
replevin, if in the circuit court, or appear and prosecute his claim, if in a justice's court, against the
party in whose name or right the distress or seizure was made. Such party shall make defense, and
if the attachment proceeding be quashed it may be amended. A tenant may file his declaration
after a motion to quash shall have been denied, and the cause shall proceed to an issue and trial;
and if upon trial it be found that the sum for rent or supplies was due, in whole or part, and that
the distress was lawfully made, the landlord shall have judgment against the obligors in the
replevy-bond for a return of the property replevied, or its value, to an amount sufficient to pay the
sum found due, with interest and costs of suit. If the property replevied be restored, it shall be
sold to satisfy the judgment, and if it be not sufficient, execution shall go against the party
replevying for the residue.

SOURCES: Codes, 1880, Sec. 1314; 1892, Sec. 2521; 1906, Sec. 2859; Hemingway's 1917, Sec.
2357; 1930, Sec. 2208; 1942, Sec. 930. 



SEC. 89-7-97. Form of declaration. 

The declaration in replevin in such case may be substantially in the following form, to wit: 
"State of Mississippi. Circuit court, ______ term, A.D. ______ County of ______ 

"Thomas East, the plaintiff in this case, complains of William West, the defendant, in an action of
replevin.

"For that heretofore, to wit: on the ---- day of ----, A.D. ----, the said defendant wrongfully
caused an officer of ---- County to seize and take from the plaintiff's possession, under an atta
chment for rent [or rent and supplies, or for supplies, as the case may be], certain personal
property of the plaintiff's, to wit: here describe the property and give the value of each separate
item of it .

"And the plaintiff avers that he is entitled to recover the same and al so to recover of defendant
the sum of ---- dollars damages for the said wrongful taking; wherefore, he sues and de mands
judgment accordingly, and costs of suit."

SOURCES: Codes, 1892, Sec. 2522; 1906, Sec. 2860; Hemingway's 1917, Sec. 2358; 1930, Sec.
2209; 1942, Sec. 931. 



SEC. 89-7-99. Pleas to the declaration. 

The only pleas to a declaration in replevin shall be either, first, a denial that the goods were seized
on demand or at the plaint of the defendant; or, second, an avowry that they were rightfully seized
for rent or supplies, or both, due and in arrear, or to become due. The two pleas can only be
pleaded together when each is to only a part of the declaration and relates to separate portions of
the property. The first of said pleas shall be substantially to the following effect, to wit: 
"Thomas East v. Circuit court, 
William West. 

"Now comes the defendant, William West, and for plea to plaintiff's declaration, says: It is not
true that he caused an officer of ---- County to seize and take from plaintiff, Thomas East, under
an attachment for rent, the possession of the property, or any part of it, described in the said
declaration; and of this the defendant puts himself upon the country."

On the trial of this plea the burden of proof shall be on the plaintiff .

SOURCES: Codes, 1892, Sec. 2523; 1906, Sec. 2861; Hemingway's 1917, Sec. 2359; 1930, Sec.
2210; 1942, Sec. 932. 



SEC. 89-7-101. The avowry. 

The avowry shall be substantially to the following effect, to wit: 
"Thomas East v. Circuit court, ________ County. 
William West. 

"And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True
it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure
was not wrongful, because he says that before the said seizure defendant was the plaintiff's
landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in
said county, to wit: [here describe the leased premises] for the term beginning on the ---- day of
----, A.D. ----, and ending on the ---- day of ----, A.D. ----; that at the time of the said seizure the
plaintiff, as tenant, was in debted to defendant, as landlord, in the sum of ---- dollars, for rent of
said premises and for supplies furnished his said tenant by this defendant [or for rent alone or
supplies alone, as the case may be]. An itemized account or statement of said
indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be],
and the said debt became due on the ---- day of ----, A.D. ----, and the said seizure was made to
satisfy the sum so due; and this the defendant is ready to verify."

If the avowry be for a sum to become due, strike out from the form all after the last parenthesis,
and insert in lieu thereof the following, viz.: "Which said indebtedness will become due on the ----
day of ----, A.D. ----, and defendant had just cause to suspect, and verily believed, that the
plaintiff would remove his effects, or some part of the agricultural products raised thereon, from
the leased premises before the expiration of his term, or before the said debt would become due,
so that distress could not be made, and the said seizure was made to satisfy the said sum. This the
defendant is ready to verify."

SOURCES: Codes, 1892, Sec. 2524; 1906, Sec. 2862; Hemingway's 1917, Sec. 2360; 1930, Sec.
2211; 1942, Sec. 933. 



SEC. 89-7-103. The replication. 

If the avowry be for rent and supplies, or either, claimed to be due and in arrears, the replication
by the plaintiff shall be substantially in the following form, viz.: 
"Thomas East v. Circuit court, William West. 

"And the plaintiff, for replication, says he was not indebted to the defendant as stated in his said
avowry; and of this the plaintiff puts himself upon the country."

SOURCES: Codes, 1892, Sec. 2525; 1906, Sec. 2863; Hemingway's 1917, Sec. 2361; 1930, Sec.
2212; 1942, Sec. 934. 



SEC. 89-7-105. Replication in case rent not due. 

If the avowry be a claim for rent or supplies, or both, to become due, the plaintiff shall reply either
that he was not indebted, as in the form last above, or he may reply in substance as in the
following form, viz.: "Thomas East v. Circuit court, ________ County. William West. 

"And the plaintiff, for replication, says that the defendant did not have just cause to suspect and
verily believe that the plaintiff would remove his effects, or some part of the agricultural products
raised thereon, from the leased premises before the expiration of his term or before the said debt
would become due, so that distress could not be made; and of this plaintiff puts himself upon the
country."

The plaintiff may, in proper case, unite the said replications, or he may reply any other facts
constituting a legal answer. And on the trial of an issue on an avowry, the burden of proof shall
be on the avowant, the landlord, and he shall have the right to open and conclude the argument.

SOURCES: Codes, 1892, Sec. 2526; 1906, Sec. 2864; Hemingway's 1917, Sec. 2362; 1930, Sec.
2213; 1942, Sec. 935. 



SEC. 89-7-107. Replevin; when triable, and judgment upon default. 

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 upon an issue found against
him on trial, and a new replevin or writ of second deliverance shall not be allowed.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (17); 1857, ch. 41, art. 13; 1871, Sec. 1632;
1880, Sec. 1320; 1892, Sec. 2535; 1906, Sec. 2873; Hemingway's 1917, Sec. 2371; 1930, Sec.
2214; 1942, Sec. 936. 



SEC. 89-7-109. Suit revived in case of death of party. 

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.

SOURCES: Codes, 1857, ch. 41, art. 25; 1871, Sec. 1644; 1880, Sec. 1321; 1892, Sec. 2536;
1906, Sec.
2874; Hemingway's 1917, Sec. 2372; 1930, Sec. 2215; 1942, Sec. 937. 



SEC. 89-7-111. Judgment if trial results against lessor. 

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 issued to the sureties on
the attachment-bond to appear at the next term of the court to show cause against a judgment
being given against them for the amount of the judgment for damages against their principal, not
to exceed the penalty of their bond; and if cause be not affirmatively shown, judgment shall be
rendered against them.

SOURCES: Codes, 1880, Sec. 1315; 1892, Sec. 2527; 1906, Sec. 2864; Hemingway's 1917, Sec.
2363; 1930, Sec. 2216; 1942, Sec. 938. 



SEC. 89-7-113. Papers transferred, if returned to wrong court. 

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.

SOURCES: Codes, 1880, Sec. 1319; 1892, Sec. 2534; 1906, Sec. 2872; Hemingway's 1917, Sec.
2370; 1930, Sec. 2217; 1942, Sec. 939. 



SEC. 89-7-115. Tenant's remedy against landlord. 

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 or other property
so taken and sold, his executor or administrator, shall have remedy by action against the person in
whose name or right such property was taken, his executor or administrator, and shall recover
double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover
damages for the wrongful suing out of the writ, and shall recover therein double the value of the
property, if the penalty of the bond amount to so much.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, Sec. 1629;
1880, Sec. 1311; 1892, Sec. 2517; 1906, Sec. 2855; Hemingway's 1917, Sec. 2353; 1930, Sec.
2218; 1942, Sec. 940. 



SEC. 89-7-117. Property of strangers not liable. 

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 person liable
for the rent have a limited interest in the property, the same may be distrained, and the interest
therein of the tenant or person liable for the rent may be sold.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (10); 1857, ch. 41, art. 12; 1871, Sec. 1631;
1880, Sec. 1317; 1892, Sec. 2529; 1906, Sec. 2867; Hemingway's 1917, Sec. 2365; 1930, Sec.
2219; 1942, Sec. 941. 



SEC. 89-7-119. Replevin of property by strangers. 

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 not liable to such
distress or seizure. If he desire immediate possession of said property, he shall give bond, with
sufficient sureties, in the manner directed for the tenant, and such affidavit and bond shall be
delivered to the officer who made the distress, who shall deliver the property to the claimant.
Such claim may be interposed without giving bond, and the same proceedings shall be had
thereon, except that the property claimed shall not be delivered to the claimant, but shall be
disposed of as in the case of replevy by the tenant. Upon such claim being made, the landlord may
release the property so claimed and forthwith distrain or seize other property in lieu thereof.

SOURCES: Codes, Hutchinson's 1848, ch. 56, art. 5 (10, 16); 1857, ch. 41, art. 12; 1871, Sec.
1631; 1880, Sec. 1317; 1892, Sec. 2530; 1906, Sec. 2868; Hemingway's 1917, Sec. 2366; 1930,
Sec. 2220; 1942, Sec. 942. 



SEC. 89-7-121. Form of affidavit by third person. 
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 [or whatever the property may be], distrained for rent by ____, a
constable of said county, by virtue of an attachment for rent in favor of ____ against ____, are the
property of affiant and not the property of ____, nor held in trust for his use, in any manner
whatsoever; and are not liable to such distress.

"__________________, J.P." 
William West. 

943. 



SEC. 89-7-123. Proceedings to be as in replevin by tenant. 

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 prosecute his suit
against the party in whose name or right it was attached, in all respects as the tenant is required to
do; and the pleadings and proceedings shall be conformed so as to present the proper issues.

SOURCES: Codes, 1857, ch. 41, art. 12; 1871, Sec. 1631; 1880, Sec. 1318; 1892, Sec. 2533;
1906, Sec. 2871; Hemingway's 1917, Sec. 2360; 1930, Sec. 2222; 1942, Sec. 944. 



SEC. 89-7-125. Burden of proof. 

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.

SOURCES: Codes, 1892, Sec. 2531; 1906, Sec. 2869; Hemingway's 1917, Sec. 2367; 1930, Sec.
2223; 1942, Sec. 945. 





MISSISSIPPI CODE OF 1972
As Amended


SEC. 89-8-1. Short title. 

This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act."

SOURCES: Laws, 1991, ch. 478, Sec. 1, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-3. Application of chapter. 

(1). 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. The rights, obligations and remedies of this chapter shall be in addition to all
other rights, obligations and remedies provided by law and shall not alter or abridge the rights,
obligations and remedies available to residential landlords and tenants pursuant to Sections 89-7-1
through 89-7-125.
(2) The following arrangements are not governed by this chapter:
(a) Residence at an institution, public or private, if incidental to detention or the provision of
medical, geriatric, educational, counseling, religious or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part,
if the occupant is the purchaser or a person who succeeds to his interest;
(c) Occupancy by a member of a fraternal or social organization in the portion of a structure
operated for the benefit of the organization;
(d) Transient occupancy in a hotel, motel or lodgings;
(e) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative; or
(f) Occupancy under a rental agreement covering premises used by the occupant primarily for
agricultural purposes or when the occupant is performing agricultural labor for the owner and
such premises are rented for less than fair rental value.

SOURCES: Laws, 1991, ch. 478, Sec. 2, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. Laws, 1993, ch. 312, Sec. 1, eff from and after passage
(approved March 12, 1993). 



SEC. 89-8-5. Waiver of rights prohibited; provisions prohibited in rental agreement. 

In any agreement, oral or written, for the rental of real property as a dwelling place, a landlord or
tenant may not agree to waive or otherwise forego any of the rights, duties or remedies under this
chapter, except as otherwise provided by this chapter. No rental agreement may provide that the
tenant or the landlord:
(a) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or
(b) Agrees to the exculpation or limitation of any liability of the landlord arising as a result of the
landlord's willful misconduct or the costs connected therewith.

SOURCES: Laws, 1991, ch. 478, Sec. 3, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-7. Definitions; agent of landlord. 

(1) Subject to additional definitions contained in subsequent sections of this chapter which apply
to specific sections or parts thereof, and unless the context otherwise requires, in this chapter:
(a) "Building and housing codes" includes any law, ordinance, or governmental regulation
concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any
premises or dwelling unit;
(b) "Dwelling unit" means a structure or the part of a structure that is used as a home,
residence or sleeping place by one (1) person who maintains a household or by two (2) or more
persons who maintain a common household;
(c) "Good faith" means honesty in fact in the conduct of the transaction concerned and
observation of reasonable community standards of fair dealing;
(d) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of
which it is a part, or the agent representing such owner, lessor or sublessor;
(e) "Organization" includes a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two (2) or more persons having a joint or
common interest, and any other legal or commercial entity;
(f) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part
of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use
and enjoyment of the premises, and the term includes a mortgagee in possession;
(g) "Premises" means a dwelling unit and the structure of which it is a part, facilities and
appurtenances therein, and grounds, areas and facilities held out for the use of tenants generally or
whose use is promised to the tenant;
(h) "Rent" means all payments to be made to the landlord under the rental agreement;
(i) "Rental agreement" means all agreements, written or oral, and valid rules and regulations
adopted under Section 89-8-11 embodying the terms and conditions concerning the use and
occupancy of a dwelling unit and premises;
(j) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the
exclusion of others;
(k) "Qualified tenant management organizations" means any organization incorporated under
the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the
housing project to be managed under a contract authorized by this section and which is able to
conform to standards set by the United States Department of Housing and Urban Development as
capable of satisfactorily performing the operational and management functions delegated to it by
the contract.
(2) For purposes of giving any notice required under this chapter, notice given to the agent of the
landlord is equivalent to giving notice to the landlord. The landlord may contract with an agent to
assume all the rights and duties of the landlord under this chapter; provided, however, that such a
contract does not relieve the landlord of ultimate liability in regard to such rights and duties.

SOURCES: Laws, 1991, ch. 478, Sec. 4, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-9. Obligation to act in good faith. 

Every duty under this chapter and every act which must be performed as a condition precedent to
the exercise of a right or remedy under this chapter, including the landlord's termination of a
tenancy or nonrenewal of a lease, imposes an obligation of good faith in its performance or
enforcement.

SOURCES: Laws, 1991, ch. 478, Sec. 5, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-11. Rules and regulations of landlord concerning tenant's use and occupancy of
premises. 

(1) A landlord may, from time to time, adopt rules or regulations, however described, concerning
the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:
(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the
premises, preserve the landlord's property from abuse, or make a fair distribution of services and
facilities provided for the tenants generally;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They apply to all tenants in the premises in a fair manner;
(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's
conduct to fairly inform him of what he must or must not do to comply;
(e) They are not for the purpose of evading the obligations of the landlord.
(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is
enforceable against the tenant if reasonable notice of its adoption or amendment is given to the
tenant and it does not work a substantial modification of the rental agreement.
(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply
with the bylaws of the association of the apartment owners; and if the dwelling unit is an
apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the
corporation.
(4) Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.

SOURCES: Laws, 1991, ch. 478, Sec. 6, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-13. Right to terminate tenancy for breach; notice of breach; return of prepaid rent and
security. 

(1). 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.
(2) 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.
(3) 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 thirty (30) days after receipt of the notice if the breach is not remedied within a
reasonable time not in excess of thirty (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
(6) months, the nonbreaching party may terminate the rental agreement upon at least fourteen
(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.
(4) 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.
(5) 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 thirty (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.

SOURCES: Laws, 1991, ch. 478, Sec. 7, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. Laws, 1993, ch. 312, Sec. 2, eff from and after passage
(approved March 12, 1993). 



SEC. 89-8-15. Repair of defects by tenant. 

(1) If, within thirty (30) days after written notice to the landlord of a specific and material defect
which constitutes a breach of the terms of the rental agreement or of the obligation of the landlord
under Section 89-8-23, the landlord fails to repair such defect, the tenant:
(a) May repair such defect himself; and
(b) Except as otherwise provided in subsection (2) of this section, shall be entitled to
reimbursement of the expenses of such repairs within forty-five (45) days after submission to the
landlord of receipted bills for such work, provided that:
(i) The tenant has fulfilled his affirmative obligations under Section 89-8-25;
(ii) The expenses incurred in making such repairs do not exceed an amount equal to one (1)
month's rent;
(iii) The tenant has not exercised the remedy provided by this section in the six (6) months
immediately preceding; and
(iv) The tenant is current in his rental payment.
(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this section in an
amount greater than the usual and customary charge for such repairs.
(3) Before correcting a condition affecting facilities shared by more than one (1) dwelling unit, the
tenant shall notify all other tenants sharing such facilities of his plans and shall so arrange the
work as to create the least practicable inconvenience to the other tenants.
(4) The cost of repairs made by a tenant pursuant to this section may be offset against future rent.
(5) No provision of this section shall be construed to grant a lien against the real property.

SOURCES: Laws, 1991, ch. 478, Sec. 8, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-17. Rights of landlord after expiration of rental agreement. 

Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the
expiration of a rental agreement, recover possession of the dwelling unit, cause the tenant to quit
the dwelling unit involuntarily, demand an increase in rent or decrease the services to which the
tenant has been entitled in accordance with any other provisions of this chapter, if such actions by
the landlord did not have the dominant purpose of retaliation against the tenant for his actions
authorized under this chapter and the landlord received written notice of each condition which
was the subject of such actions of the tenant.

SOURCES: Laws, 1991, ch. 478, Sec. 9, eff from and after July 1, 1991, and shall apply to rental
agreements entered into after such date. 



SEC. 89-8-19. Length of term of tenancy; notice to terminate tenancy; exception to notice
requirement. 
(1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a
tenant who pays weekly rent, and in all other cases month to month.
(2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to
the other at least seven (7) days prior to the termination date.
(3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given
to the other at least thirty (30) days prior to the termination date.
(4) Notwithstanding the provisions of this section or any other provision of this chapter to the
contrary, notice to terminate a tenancy shall not be required to be given when the landlord or
tenant has committed a substantial violation of the rental agreement or this chapter that materially
affects health and safety.

SOURCES: Laws, 1991, ch. 478, Sec. 10, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date. 



SEC. 89-8-21. Tenant's security deposit. 
(1) Any payment or deposit of money, the primary function of which is to secure the performance
of a rental agreement or any part of such an agreement, other than a payment or deposit, including
an advance payment of rent, made to secure the execution of a rental agreement shall be governed
by the provisions of this section.
(2) Any such payment or deposit of money shall be held by the landlord for the tenant who is a
party to such agreement. The claim of a tenant to such payment or deposit shall be governed by
the provisions of this section. The claim of a tenant to such payment or deposit shall be prior to
the claim of any creditor of the landlord.
(3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit
only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of
rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear,
to clean such premises upon termination of the tenancy, or for other reasonable and necessary
expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or
all of those specific purposes. The written notice by which the landlord claims all or any portion of
such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining
portion of such payment or deposit shall be returned to the tenant no later than forty-five (45)
days after the termination of his tenancy, the delivery of possession and demand by the tenant.
(4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in
violation of this section and with absence of good faith, may subject the landlord or his transferee
to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages.

SOURCES: Laws, 1991, ch. 478, Sec. 11, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date. 



SEC. 89-8-23. Duties of landlord. 

(1) A landlord shall at all times during the tenancy:
(a) Comply with the requirements of applicable building and housing codes materially affecting
health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the
same condition as at the inception of the lease, reasonable wear and tear excluded, unless the
dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of
the deliberate or negligent actions of the tenant.
(2) No duty on the part of the landlord shall arise under this section in connection with a defect
which is caused by the deliberate or negligent act of the tenant or persons on the premises with
the tenant's
permission.
(3) Subject to the provisions of Section 89-8-5, the landlord and tenant may agree in writing that
the tenant perform some or all of the landlord's duties under this section, but only if the
transaction is entered into in good faith.
(4) No duty on the part of the landlord shall arise under this section in connection with a defect
which is caused by the tenant's affirmative act or failure to comply with his obligations under
Section 89-8-25.

SOURCES: Laws, 1991, ch. 478, Sec. 12, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date. 



SEC. 89-8-25. Duties of tenant. 

A tenant shall:
(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition
of the premises permits;
(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe
manner in compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the tenant as clean as their condition
permits;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air
conditioning and other facilities and appliances, including elevators, in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the
premises or knowingly permit any other person to do so;
(f) Conduct himself and require other persons on the premises with his consent to conduct
themselves in a manner that will not disturb his neighbors' peaceful enjoyment of their premises;
(g) Inform the landlord of any condition of which he has actual knowledge which may cause
damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same
condition, reasonable wear and tear excepted, and comply with the requirements of applicable
building and housing codes materially affecting health and safety;
(i) Not engage in any illegal activity upon the leased premises as documented by a law
enforcement agency.

SOURCES: Laws, 1991, ch. 478, Sec. 13, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date. Laws, 1994, ch. 331, Sec. 1, eff from and after
July 1, 1994 



SEC. 89-8-27. Housing authorities authorized to contract with tenant management organizations;
authority to sell public housing units to tenant management organizations. 

Any county, municipality, regional housing authority or local housing authority in the state may
make application to and contract with qualified tenant management organizations for the
operation and management of housing projects of the authority as a means of reducing vacancies,
reducing administrative costs and creating jobs from the establishment of maintenance teams.
Such counties, municipalities, regional housing authorities or local housing authorities shall have
the authority to sell public housing units to such tenant management organizations, provided that
such sale is in compliance with any applicable federal laws and regulations and any applicable state
laws and regulations.

SOURCES: Laws, 1991, ch. 478, Sec. 14, eff from and after July 1, 1991, and shall apply to
rental agreements entered into after such date.