Mississippi Commercial Eviction Process & Limitations on Self-Help

Evicting a commercial tenant in Mississippi requires navigating the specific terms of the commercial lease alongside the state's formal eviction statutes. Governed primarily by the Mississippi Code of 1972, Title 89, Chapter 7, these laws dictate that while Mississippi courts strictly enforce commercial lease agreements, landlords possess a common law and contractual right to use "peaceable" self-help to regain possession without a court order under specific conditions.

Grounds for Commercial Eviction

A commercial landlord in Mississippi can initiate an eviction (an action for unlawful detainer or removal) against a business tenant for several reasons:

1. Non-Payment of Rent: The most common trigger. If rent is late, the landlord can initiate eviction proceedings.
2. Lease Violations: Breaching other material terms of the lease, such as operating an unapproved business type, failing to maintain commercial insurance, or carrying out unauthorized structural alterations.
3. Holding Over: Remaining on the premises after the commercial lease has fully expired.

The Eviction Process

To regain possession, landlords may follow the judicial process or utilize peaceable self-help remedies if the written lease agreement explicitly reserves this right.

1. The Notice to Quit

The first step is serving the tenant with written notice.

• For Non-Payment: Under Miss. Code Ann. § 89-7-27, the landlord must provide a 3-day written notice requiring the payment of rent or possession of the premises, unless the lease agreement stipulates a different notice period.
• For Lease Violations: For breaches other than non-payment, the notice and cure periods are governed entirely by the terms of the commercial lease agreement (Miss. Code Ann. § 89-7-27(Third)).

Crucial Note: The lease agreement can supersede the statutory 3-day notice for rent. If your lease states you must give a 10-day notice for rent default, you must follow the 10-day rule.

2. Filing the Lawsuit

If the tenant does not pay or cure the breach within the notice period and the landlord chooses not to use self-help, the landlord files an eviction lawsuit in the appropriate Justice Court, County Court, or Circuit Court.

3. The Court Hearing

A judge will hear arguments from both sides at least five days after the summons is issued. Because commercial tenants are businesses, they almost always bring legal counsel, meaning the landlord's documentation—the lease, the breach notice, and proof of service—must be flawless.

4. The Order and Execution

If the landlord wins, the judge issues an eviction order. A county sheriff or constable must then enforce the order by physically removing the tenant.

The Right to Self-Help Evictions

In Mississippi, commercial landlords possess a common law and contractual right to use "peaceable" self-help, such as lockouts, to regain possession of a property without a court order.

A landlord may utilize this remedy only if:

1. The written commercial lease explicitly reserves the landlord's right of re-entry upon default.
2. The re-entry is accomplished without a "breach of the peace."

As established in Theobald v. Nosser (1999) and O'Brien v. Black (1998), if a tenant resists or if the landlord uses force, it constitutes a breach of the peace. In such cases, the landlord must cease self-help and proceed with a judicial eviction to avoid liability for wrongful eviction or business interruption damages.

Abandoned Property

Commercial evictions often involve substantial tenant equipment and inventory. Following a judicial eviction, Miss. Code Ann. § 89-7-31(2) provides that a tenant has a 72-hour window after removal by law enforcement to retrieve personal property not subject to a landlord's lien. After this period, the landlord may generally dispose of the items without further notice.

How Landager Helps

Landager tracks lease terms, important compliance dates, and documentation - making it easy to stay compliant with Mississippi regulations.

Back to [Mississippi Commercial Property Laws Overview] (/property-compliance/usa/mississippi/commercial-overview).