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Mississippi Code

Miss. Code Ann. § 89-7-25 (2024)

Tenant holding after notice liable for double rent

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When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, thenceforward pay to the landlord double the rent which he should otherwise have paid, to be levied, sued for, and recovered as the single rent before the giving of notice could be; and double rent shall continue to be paid during all the time the tenant shall so continue in possession.

Codes, 1857, ch. 41, art. 23; 1871, § 1642; 1880, § 1331; 1892, § 2545; 1906, § 2883; Hemingway's 1917, § 2381; 1930, § 2225; 1942, § 947.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1975–2026 · leading case: Sw. Drug Co. v. Howard Bros. Pharmacy, 320 So. 2d 776 (Miss. 1975).
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Sw. Drug Co. v. Howard Bros. Pharmacy, 320 So. 2d 776 (Miss. 1975). · cites it 6× “On the other hand, the appellee contends that the sole issue in this case is whether or not Mississippi Code Annotated Section 89-7-25 (1972) is applicable to the facts here shown.”
Vice v. Hinton, 811 So. 2d 335 (Miss. Ct. App. 2001). · cites it 6× “At the lower court level, the Hintons' request for double rent pursuant to Miss.Code Ann. § 89-7-25 (1972) was held in abeyance by the trial judge.”
Miss. State Dept. of Pub. Welfare v. Howie, 449 So. 2d 772 (Miss. 1984). · cites it 4× “Essentially the question here is whether § 89-7-25 Miss. Code Ann. (1972), is the exclusive remedy available to a landlord whose tenant is holding over.”
Dunn v. Dunn, 786 So. 2d 1045 (Miss. 2001). · cites it 2× “Todd cites Miss.Code Ann. § 89-7-25 (1999), stating that a tenant failing or refusing to quit the premises is liable for double rents from the date of the notice by the landlord to vacate the premises.”
McCain v. Memphis Hardwood Flooring Co., 725 So. 2d 788 (Miss. 1998). · cites it 2× “Memphis Hardwood claims that the damages of double the fair market value for the trees cited in § 95-5-10(1) are within the specific penalty required under § 95-5-29.”
110 South Street, LLC v. Atrium Gentlemans Club, Inc., 217 So. 3d 794 (Miss. Ct. App. 2017). · cites it 4× “110 South Street further claims that since the chancellor only awarded 110 South Street unpaid rent, and not damages, then the calculation of rent should have been doubled based on the statutory calculation of double rent for damages caused by a holdover tenant pursuant to…”
Murphree v. Aberdeen-Monroe Cnty. Hosp., 671 So. 2d 1300 (Miss. 1996). · cites it 3× “On February 14, 1991, the Hospital filed a second complaint against Murphree, alleging that he was a hold-over tenant and was liable for double rent pursuant to Miss. Code Ann. § 89-7-25 (1972). The Hospital filed an affidavit stating that it was a Community Hospital, organized…”
Dungan v. Presley, 765 So. 2d 592 (Miss. Ct. App. 2000). · cites it 6× “At the time the lease ended the issue of the lease renewal was unresolved.”
Marion R. Bell v. Delta Plaza LLC, No. 2019-CA-00059-COA (Miss. Ct. App. June 30, 2024). · cites it 20× “The chancery court granted Howie’s requested relief, finding that MSDPW had extended the lease for another one-year period by “holding over.” Id. On appeal, the supreme court reversed the chancery court, finding that “Howie’s failure to pursue the remedy of eviction [under…”
Ellis Turnage v. Mary Alice Brooks, 301 So. 3d 760 (Miss. Ct. App. 2020). · cites it 4× “4 Section 89-7-25 of the Mississippi Code Annotated (Rev.”
Terry Lee Ing v. Song Adams, 313 So. 3d 1046 (Miss. Ct. App. 2020). · cites it 4× “Miss. Code Ann. § 89-7-25 . Here Adams did not challenge the circuit court’s use of the $2,500 per month figure, nor cross-appeal the issue.”
Brother's Pro Salvage Auto Parts, LLC v. Ibraham's Enter., LLC, 434 So. 3d 895 (Miss. Ct. App. 2026). · cites it 2× “However, the circuit court’s judgment of eviction not only ordered that Brothers be evicted from the 4 salvage yard property, but it also assessed damages for back rent in the amount of $2,500 and double rent in the amount of $5,000 pursuant to Mississippi Code Annotated section…”
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