Mississippi Commercial Eviction Process & Limitations on Self-Help
Learn the commercial eviction procedures in Mississippi, the required notices for non-payment, and why self-help lockouts are legally dangerous.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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:
- Non-Payment of Rent: The most common trigger. If rent is late, the landlord can initiate eviction proceedings.
- 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.
- 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:
- The written commercial lease explicitly reserves the landlord's right of re-entry upon default.
- 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).
Sources & Official References
Frequently Asked Questions
▶What are the Mississippi landlord-tenant laws every property owner should know?
Mississippi's rental market is governed by the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8 of the Mississippi Code). The state is widely considered to have a landlord-friendly legal framework-there is no statewide rent control, no cap on security deposits, and a relatively streamlined eviction process for non-payment of rent. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide
▶What is the Mississippi eviction process and how long does it take?
The Mississippi eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Mississippi security deposit rules and return deadlines?
Mississippi has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Mississippi rent increase laws and caps for landlords?
Mississippi has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Mississippi has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Mississippi?
Mississippi has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Mississippi state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Mississippi landlords provide to tenants?
Mississippi landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Mississippi lease requirements for rental properties?
Mississippi recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Mississippi law.
Read the complete guide▶What are Mississippi landlord maintenance obligations and habitability standards?
Mississippi landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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