House Bill 1421

AN ACT TO AMEND SECTION 89-8-35, MISSISSIPPI CODE OF 1972, TO REQUIRE A SHERIFF OR PROCESS SERVER TO LEAVE THE SUMMONS AND SWORN AFFIDAVIT OR COMPLAINT FOR EVICTION WITH A PERSON OR POSTED ON THE DOOR OF THE PREMISES THAT IS THE SUBJECT OF THE EVICTION; TO PROVIDE THAT THE SUMMONS AND COMPLAINT SHALL BE SERVED NO MORE THAN 72 CONSECUTIVE HOURS AFTER THE SWORN AFFIDAVIT OR COMPLAINT IS SERVED; TO PROVIDE THAT THE COURT DATE TO ADDRESS THE SWORN AFFIDAVIT OR COMPLAINT SHALL BE NO MORE THAN 14 DAYS FROM THE DATE ON WHICH THE SWORN AFFIDAVIT OR COMPLAINT IS FILED; TO AMEND SECTION 89-8-39, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION OF LAW THAT AUTHORIZES THE COURT TO EXPAND THE PERIOD OF TIME FOR THE DATE OF REMOVAL FOR EVICTIONS; TO AMEND SECTION 89-8-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE NONBREACHING PARTY TO TERMINATE THE RENTAL AGREEMENT UPON 7 DAYS NOTICE; TO AMEND SECTION 89-8-41, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME PERIODS FOR POSSIBLE ADJOURNMENT OF EVICTION HEARINGS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-8-35, Mississippi Code of 1972, is amended as follows:

89-8-35. (1) (a) Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof. The summons shall command such person to immediately vacate the premises or to show cause before the judge, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant. The day named in the summons to show cause before the judge shall be no more than fourteen (14) days from the date of service of the summons.

(b) The summons and sworn affidavit or complaint shall be served together by the sheriff or process server no more than seventy-two (72) consecutive hours from the date on which the sworn affidavit or complaint is filed as follows: (i) a copy of the summons and sworn affidavit or complaint shall be left with a person age sixteen (16) years of age or older who is willing to receive, but if no such person can receive the documents, such shall be left on the door of the address of the premises that is the subject of the sworn affidavit or complaint. If no one is present to receive the summons and sworn affidavit or complaint, both documents shall be left on the door of the premises that is the subject of the sworn affidavit or complaint; and (ii) a copy of the summons and sworn affidavit or complaint shall be mailed to the address of the premises that is the subject of the sworn affidavit or complaint on the same day that such documents are left on the door of such premises. Service of a summons in this manner is deemed complete on the fifth day after such mailing.

(2) In addition to the information required by subsection (1) of this section and the applicable Mississippi Rules of Court, the summons shall state:

"You are being sued for eviction. At the eviction hearing, the judge will determine if the landlord is entitled to possession of your rental unit.

If the landlord is granted possession of the rental unit, then you will have at least seven (7) days from the date of the judgment to move out, unless a shorter * * *~~or longer~~ period of time for vacating the premises is ordered because of an emergency or other compelling circumstances.

If the landlord seeks possession based on nonpayment of rent, you do not have to move out if you pay all the sums owed to the landlord either before the eviction hearing or, afterwards, by the court-ordered move-out date.

If you move out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.

If you do not move out by the date and time ordered by the court, the landlord can have you removed by law enforcement, after which you will have no more than seventy-two (72) consecutive hours to remove your belongings.

After the seventy-two (72) consecutive hours, the landlord may remove any personal property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord. You may still retrieve your personal property, but the landlord will have no obligation to preserve the personal property upon removal."

(3) Service of summons shall be pursuant to applicable Mississippi Rules of Court, except as otherwise provided by law in this chapter.

SECTION 2. Section 89-8-39, Mississippi Code of 1972, is amended as follows:

89-8-39. (1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter * * *~~or longer~~ period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than seven (7) days from the date of the judgment, include, but are not limited to:

(a) The tenant has committed a substantial violation of the rental agreement or of this chapter that materially affects health or safety; or

(b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises.

Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. If the tenant moves out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice.

(2) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (4) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof.

(3) After the warrant for removal has been executed, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) consecutive hours to enable the tenant to remove the tenant's personal property, including any manufactured home. If the tenant moves out within seventy-two (72) consecutive hours of the execution of the warrant of removal, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. After said seventy-two (72) consecutive hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord.

(4) (a) In cases in which the possession judgment is based solely on the tenant's nonpayment of rent, the judge shall not issue a warrant for removal if:

(i) By the court-ordered move-out date, the tenant has paid in full all unpaid rent and other sums awarded to landlord in the judgment; or

(ii) After such date, the landlord has accepted payment of such amounts.

(b) A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date.

SECTION 3. Section 89-8-13, Mississippi Code of 1972, is amended as follows:

89-8-13. (1) If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set forth herein or resort to any other remedy at law or in equity not prohibited by this chapter.

(2) If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity not prohibited by this chapter.

(3) The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than * * *~~fourteen (14)~~ seven (7) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of * * *~~fourteen (14)~~ seven (7) days; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:

(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate;

(b) In the absence of a showing of due care by the breaching party, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the nonbreaching party may terminate the rental agreement upon at least * * *~~fourteen (14)~~ seven (7) days' notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the breach and the date of termination of the rental agreement;

(c) A party may not terminate for a condition caused by that party's own deliberate or negligent act or omission or an act or omission by a family member or other person on the premises when done with the consent of the party.

(4) If the rental agreement is terminated, the landlord shall return all prepaid and unearned rent and security recoverable by the tenant under Section 89-8-21.

(5) (a) If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days.

(b) Any judge presiding over a hearing in which a landlord seeks to evict a tenant for the nonpayment of rent shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant.

(6) The parties' obligations regarding a tenant's personal property, including any manufactured home, shall be governed by Section 89-8-39.

SECTION 4. Section 89-8-41, Mississippi Code of 1972, is amended as follows:

89-8-41. (1) The court may, at the request of either party, adjourn a hearing under this chapter * * *~~from time to time~~ no more than one time.

(2) A single adjournment shall not exceed ten (10) days, except by consent of both the landlord and tenant. When an adjournment is granted, the court may issue subpoenas and attachments to compel the attendance of witnesses.

(3) In hearings for the removal of the tenant from the premises under this chapter, no adjournment shall extend the entire hearing beyond * * *~~thirty (30)~~ twenty (20) days from the date the eviction action was filed.

SECTION 5. This act shall take effect and be in force from and after July 1, 2025.