Mississippi

Section 89-7-47 - Record, appeals

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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 Court.

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Miss. Code § 89-7-47

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

Amended by Laws, 2022, ch. 501, SB 2461,§ 21, eff. 4/21/2022.

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Section 89-7-49 - Proceedings when tenant deserts premises

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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 and any late fees 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 and any late fees due, or there shall not be sufficient distress upon the premises, then the justice court shall immediately or within forty-eight (48) hours 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 the 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.

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Miss. Code § 89-7-49

Codes, 1857, ch. 41, art. 24; 1871, § 1643; 1880, § 1332; 1892, § 2546; 1906, § 2884; Hemingway's 1917, § 2382; 1930, § 2237; 1942, § 959; Laws, 1990, ch. 404, § 1, eff. 7/1/1990.

Amended by Laws, 2018, ch. 446, SB 2473,§ 5, eff. 7/1/2018.

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Section 89-7-51 - Lien of landlord

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(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 when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.). 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. This 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.

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Miss. Code § 89-7-51

Codes, 1880, § 1301; 1892, § 2495; 1906, § 2832; Hemingway's 1917, § 2330; 1930, § 2186; 1942, § 908; Laws, 1972, ch. 343, § 1; Laws, 2001, ch. 495, § 34, eff. 1/1/2002.

Amended by Laws, 2015, ch. 395, HB 711, 5, eff. 7/1/2015.

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

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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 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 when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section 75-9-101 et seq.), and need not otherwise be evidenced by writing.

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Miss. Code § 89-7-53

Codes, 1892, § 2496; 1906, § 2833; Hemingway's 1917, § 2331; 1930, § 2187; 1942, § 909; Laws, 2001, ch. 495, § 35, eff. 1/1/2002.

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

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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.

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Miss. Code § 89-7-55

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

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Section 89-7-57 - How obtained

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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 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 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.

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Miss. Code § 89-7-57

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

Amended by Laws, 2015, ch. 395, HB 711, 6, eff. 7/1/2015.

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Section 89-7-59 - Before whom complaint made

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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.

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Miss. Code § 89-7-59

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

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Section 89-7-61 - Writ

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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 claimed a lien, and also commanding the officer to distrain the goods and chattels other than the agricultural products of the 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.

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Miss. Code § 89-7-61

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

Amended by Laws, 2015, ch. 395, HB 711, 7, eff. 7/1/2015.

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Section 89-7-63 - Form of affidavit

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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.

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Miss. Code § 89-7-63

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

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Section 89-7-65 - Form of bond

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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."

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Miss. Code § 89-7-65

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

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Section 89-7-67 - Form of the writ

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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 said 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.

"Witness my hand, the _____________ day of _____________, A.D. _____________

_____________, J.P."

The above form must be varied so as to conform to the affidavit; and if a lien be not claimed, the command will be 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."

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Miss. Code § 89-7-67

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

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Section 89-7-69 - Goods sold if not replevied

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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 distrained for, and shall immediately 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 (3) months after making the 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.

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Miss. Code § 89-7-69

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

Amended by Laws, 2015, ch. 395, HB 711, 8, eff. 7/1/2015.

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Section 89-7-71 - Form of bond for payment of rent

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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 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.

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Miss. Code § 89-7-71

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

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

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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 (5) days' notice given of the motion.

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Miss. Code § 89-7-73

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

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

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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.

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Miss. Code § 89-7-75

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

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Section 89-7-77 - Goods removed before debt due, distrained

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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 (30) 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.

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Miss. Code § 89-7-77

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

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Section 89-7-79 - Goods removed, seized within thirty days

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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 (30) 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.

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Miss. Code § 89-7-79

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

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

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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 (6) 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.

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Miss. Code § 89-7-81

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