Landlord tenant provisions; revise time periods for eviction and removal.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Remak

HOUSE BILL NO. 499

AN ACT TO AMEND SECTION 89-8-35, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE A SHERIFF OR PROCESS SERVER TO LEAVE THE SUMMONS AND SWORN 2
AFFIDAVIT OR COMPLAINT FOR EVICTION WITH A PERSON OR POSTED ON THE 3
DOOR OF THE PREMISES THAT IS THE SUBJECT OF THE EVICTION; TO 4
PROVIDE THAT THE SUMMONS AND COMPLAINT SHALL BE SERVED NO MORE 5
THAN 72 CONSECUTIVE HOURS AFTER THE SWORN AFFIDAVIT OR COMPLAINT 6
IS SERVED; TO PROVIDE THAT THE COURT DATE TO ADDRESS THE SWORN 7
AFFIDAVIT OR COMPLAINT SHALL BE NO MORE THAN 14 DAYS FROM THE DATE 8
ON WHICH THE SWORN AFFIDAVIT OR COMPLAINT IS FILED; TO AMEND 9
SECTION 89-8-39, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION 10
OF LAW THAT AUTHORIZES THE COURT TO EXPAND THE PERIOD OF TIME FOR 11
THE DATE OF REMOVAL FOR EVICTIONS; TO AMEND SECTION 89-8-13, 12
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE NONBREACHING PARTY TO 13
TERMINATE THE RENTAL AGREEMENT UPON 7 DAYS NOTICE; TO AMEND 14
SECTION 89-8-41, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME 15
PERIODS FOR POSSIBLE ADJOURNMENT OF EVICTION HEARINGS; AND FOR 16
RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 89-8-35, Mississippi Code of 1972, is 19
amended as follows: 20
89-8-35. (1) (a) Upon the filing of the sworn affidavit or 21
complaint, a summons shall be issued for service upon the person 22
in possession of the identified premises or claiming possession 23
thereof. The summons shall command such person to immediately 24
vacate the premises or to show cause before the judge, on a day to 25
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be named in the summons, why possession of the premises should not 26
be delivered to the applicant. The day named in the summons to 27
show cause before the judge shall be no more than fourteen (14) 28
days from the date of service of the summons. 29
(b) The summons and sworn affidavit or complaint shall 30
be served together by the sheriff or process server no more than 31
seventy-two (72) consecutive hours from the date on which the 32
sworn affidavit or complaint is filed as follows: (i) a copy of 33
the summons and sworn affidavit or complaint shall be left with a 34
person age sixteen (16) years of age or older who is willing to 35
receive, but if no such person can receive the documents, such 36
shall be left on the door of the address of the premises that is 37
the subject of the sworn affidavit or complaint. If no one is 38
present to receive the summons and sworn affidavit or complaint, 39
both documents shall be left on the door of the premises that is 40
the subject of the sworn affidavit or complaint; and (ii) a copy 41
of the summons and sworn affidavit or complaint shall be mailed to 42
the address of the premises that is the subject of the sworn 43
affidavit or complaint on the same day that such documents are 44
left on the door of such premises. Service of a summons in this 45
manner is deemed complete on the fifth day after such mailing. 46
(2) In addition to the information required by subsection 47
(1) of this section and the applicable Mississippi Rules of Court, 48
the summons shall state: 49
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"You are being sued for eviction. At the eviction hearing, 50
the judge will determine if the landlord is entitled to possession 51
of your rental unit. 52
If the landlord is granted possession of the rental unit, 53
then you will have at least seven (7) days from the date of the 54
judgment to move out, unless a shorter * * * period of time for 55
vacating the premises is ordered because of an emergency or other 56
compelling circumstances. 57
If the landlord seeks possession based on nonpayment of rent, 58
you do not have to move out if you pay all the sums owed to the 59
landlord either before the eviction hearing or, afterwards, by the 60
court-ordered move-out date. 61
If you move out by the date ordered by the court, leaving 62
personal property behind, then the landlord may dispose of such 63
abandoned property without further notice. 64
If you do not move out by the date and time ordered by the 65
court, the landlord can have you removed by law enforcement. You 66
will have no right to reside at the premises once you have been 67
removed. The landlord must grant you reasonable access to the 68
premises * * * for no more than seventy-two (72) consecutive hours 69
following your removal to retrieve your personal property. 70
After the seventy-two (72) consecutive hours, the landlord 71
may remove any personal property remaining on the premises to the 72
curb, an area designated for garbage or some other location agreed 73
to by you and the landlord. You may still retrieve your personal 74
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property, but the landlord will have no obligation to preserve the 75
personal property upon removal." 76
(3) Service of summons shall be pursuant to applicable 77
Mississippi Rules of Court, except as otherwise provided by law in 78
this chapter. 79
SECTION 2. Section 89-8-39, Mississippi Code of 1972, is 80
amended as follows: 81
89-8-39. (1) If a judgment of possession is granted to the 82
landlord, either after a hearing or by default judgment, then the 83
judge shall order the tenant to vacate the premises in seven (7) 84
days from the date of the judgment, unless the court finds that a 85
shorter * * * period of time is justified because of an emergency 86
or other compelling circumstances. Circumstances that justify 87
setting the move-out date less than seven (7) days from the date 88
of the judgment, include, but are not limited to: 89
(a) The tenant has committed a substantial violation of 90
the rental agreement or of this chapter that materially affects 91
health or safety; or 92
(b) The tenant poses an immediate and significant risk 93
of damage to the premises or of harm or injury to persons on the 94
premises. 95
Prior to the court-ordered move-out date, the tenant shall 96
have the same access to the premises as previously allowed under 97
the terms of the rental agreement. Unless the tenant makes the 98
payment contemplated by subsection (4)(i) of this section, the 99
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tenant will have no right to reside in or on the premises after 100
the court-ordered move out date. If the tenant moves out by the 101
date ordered by the court, leaving personal property behind, then 102
the landlord may dispose of such abandoned property without 103
further notice. 104
(2) After the court-ordered move-out date, the landlord may 105
request a warrant for removal. Upon such request and the payment 106
of applicable fees, the judge shall, except as otherwise 107
prohibited under subsection (4) of this section, immediately issue 108
a warrant to the sheriff or any constable of the county in which 109
the premises, or some part thereof, are situated, immediately 110
commanding the sheriff or constable to remove all persons from the 111
premises, and to put the landlord into full possession thereof. 112
The warrant of removal shall not be considered executed by law 113
enforcement posting the warrant of removal on the door of the 114
premises. Law enforcement must remove all occupants from the 115
premises and place the landlord into physical possession of the 116
premises. 117
(3) During the seventy-two (72) consecutive hours, after the 118
warrant for removal has been executed, the landlord shall allow 119
the tenant reasonable access to the premises to enable the tenant 120
to remove the tenant's personal property, including any 121
manufactured home. If the tenant moves out within seventy-two 122
(72) consecutive hours of the execution of the warrant of removal, 123
leaving personal property behind, then the landlord may dispose of 124
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such abandoned property without further notice. After * * * the 125
seventy-two (72) consecutive hours, the landlord may remove any 126
property remaining on the premises to the curb, an area designated 127
for garbage or some other location agreed to by the tenant and the 128
landlord. 129
(4) (a) In cases in which the possession judgment is based 130
solely on the tenant's nonpayment of rent, the judge shall not 131
issue a warrant for removal if: 132
(i) By the court-ordered move-out date, the tenant 133
has paid in full all unpaid rent and other sums awarded to 134
landlord in the judgment; or 135
(ii) After such date, the landlord has accepted 136
payment of such amounts. 137
(b) A landlord has an obligation of good faith to 138
accept full payment of all sums owed pursuant to the money 139
judgment entered if so tendered on or before the court-ordered 140
move-out date. 141
SECTION 3. Section 89-8-13, Mississippi Code of 1972, is 142
amended as follows: 143
89-8-13. (1) If there is a material noncompliance by the 144
tenant with the rental agreement or the obligations imposed by 145
Section 89-8-25, the landlord may terminate the tenancy as set 146
forth herein or resort to any other remedy at law or in equity not 147
prohibited by this chapter. 148
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(2) If there is a material noncompliance by the landlord 149
with the rental agreement or the obligations imposed by Section 150
89-8-23, the tenant may terminate the tenancy as set out in 151
subsection (3) of this section or resort to any other remedy at 152
law or in equity not prohibited by this chapter. 153
(3) The nonbreaching party may deliver a notice to the party 154
in breach in writing, or by email or text message if the breaching 155
party has agreed in writing to be notified by email or text 156
message, specifying the acts and omissions constituting the breach 157
and that the rental agreement will terminate upon a date not less 158
than * * * seven (7) days after receipt of the notice if the 159
breach is not remedied within a reasonable time not in excess 160
of * * * seven (7) days; and the rental agreement shall terminate 161
and the tenant shall surrender possession as provided in the 162
notice subject to the following: 163
(a) If the breach is remediable by repairs, the payment 164
of damages, or otherwise, and the breaching party adequately 165
remedies the breach before the date specified in the notice, the 166
rental agreement shall not terminate; 167
(b) In the absence of a showing of due care by the 168
breaching party, if substantially the same act or omission which 169
constituted a prior noncompliance of which notice was given recurs 170
within six (6) months, the nonbreaching party may terminate the 171
rental agreement upon at least * * * seven (7) days' notice in 172
writing, or by email or text message if the breaching party has 173
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agreed in writing to be notified by email or text message, 174
specifying the breach and the date of termination of the rental 175
agreement; 176
(c) A party may not terminate for a condition caused by 177
that party's own deliberate or negligent act or omission or an act 178
or omission by a family member or other person on the premises 179
when done with the consent of the party. 180
(4) If the rental agreement is terminated, the landlord 181
shall return all prepaid and unearned rent and security 182
recoverable by the tenant under Section 89-8-21. 183
(5) (a) If the material noncompliance by the tenant is the 184
nonpayment of rent pursuant to the rental agreement, the landlord 185
may deliver a notice in writing or by email or text message if the 186
breaching party has agreed in writing to be notified by email or 187
text message, specifying the rental agreement will terminate if 188
payment of such rent is not made within three (3) days. 189
(b) Any judge presiding over a hearing in which a 190
landlord seeks to evict a tenant for the nonpayment of rent shall 191
abide by the provisions of the rental agreement that was signed by 192
the landlord and the defaulting tenant. 193
(6) The parties' obligations regarding a tenant's personal 194
property, including any manufactured home, shall be governed by 195
Section 89-8-39. 196
SECTION 4. Section 89-8-41, Mississippi Code of 1972, is 197
amended as follows: 198
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ST: Landlord tenant provisions; revise time
periods for eviction and removal.
89-8-41. (1) The court may, at the request of either party, 199
adjourn a hearing under this chapter * * * no more than one time. 200
(2) A single adjournment shall not exceed ten (10) days, 201
except by consent of both the landlord and tenant. When an 202
adjournment is granted, the court may issue subpoenas and 203
attachments to compel the attendance of witnesses. 204
(3) In hearings for the removal of the tenant from the 205
premises under this chapter, no adjournment shall extend the 206
entire hearing beyond * * * twenty (20) days from the date the 207
eviction action was filed. 208
SECTION 5. This act shall take effect and be in force from 209
and after July 1, 2026. 210