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Mississippi Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Category:
Landlord Tenant - Complaints
State:
Multi-State
Control #:
US-03329BG
Format:
Word; 
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

Mississippi Eviction Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice3 days to 1 month of noticeIssuance and Serving of Rule for Possession5 days before the return dateCourt Hearing and Judgment5-10 days in county courtIssuance of Writ of RestitutionA few hours to 5 days1 more row ?

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Under Mississippi eviction laws, landlords must adhere to the notice requirements and provide a written notice to tenants before initiating eviction proceedings. For nonpayment of rent, the notice period is 3 days, during which the tenant has the opportunity to pay the outstanding rent in order to avoid eviction.

This is because landlords use the public record database to determine if you've been evicted in the past. If an eviction does show up on your credit reports, it can stay there for up to seven years.

There is no clear timeframe for when the tenant has to move out once the Writ or court order is issued. At best, they have a maximum of 5 to 8 days to move out of the rental property. However, if it was an eviction about failure to pay rent, they must immediately move out.

Residential Landlord & Tenant Act At the outset, let's clear up one common misunderstanding: Mississippi law does NOT allow you to withhold your rent until the landlord makes a repair. Nor does Mississippi law allow you to ?repair and deduct? except under certain very specific conditions which are discussed below.

Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Mississippi, the landlord must not proceed with the eviction (see Miss. Code Ann. §§ 89-7-27 and 89-8-13).

A landlord cannot evict you without going to court and getting a court order. The landlord takes you to court by having you served with a summons and complaint.

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