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. While Mississippi courts strictly enforce commercial lease agreements, landlords must generally secure a court order to reclaim possession, as self-help remedies carry significant legal risk.

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 legally regain possession, landlords must follow the judicial process unless the lease contains extraordinary (and high-risk) self-help provisions.

1. The Notice to Quit

The first step is serving the tenant with written notice.

• For Non-Payment: Mississippi Code requires the landlord to issue a 3-Day Notice to Pay or Quit, demanding the rent within three days or possession of the property.
• For Lease Violations: The notice period and cure rights for non-rent breaches are governed entirely by the commercial lease agreement. Most commercial leases stipulate a 10 to 30-day "Notice to Cure" for non-monetary defaults.

Crucial Note: The lease agreement can actually 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, 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 Danger of Self-Help Evictions

"Self-help" eviction refers to a landlord bypassing the court system to lock out a tenant, change the locks, or shut off utilities.

In Mississippi, self-help evictions are generally prohibited, even for commercial properties. A landlord cannot circumvent the judicial process simply because a tenant is behind on rent.

However, there is a narrow, heavily litigated exception: A landlord may attempt peaceful re-entry only if:

1. The written commercial lease explicitly grants the landlord the right of re-entry upon default.
2. The re-entry can be accomplished without a breach of the peace.

If a tenant resists or if the landlord changes the locks aggressively, it is a breach of the peace. The tenant can sue the landlord for wrongful eviction, trespassing, and significant business interruption damages. cover, Mississippi attorneys almost universally advise commercial landlords to obtain a court order rather than attempting self-help.

Abandoned Property

Commercial evictions often involve substantial tenant equipment and inventory. If a tenant abandons the property or is formally evicted, Mississippi provides a brief 72-hour window for the tenant to retrieve any property not subject to a landlord's lien. After this period, the landlord may generally dispose of the items, though navigating commercial liens often requires legal counsel.

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).