Mississippi Code

Miss. Code Ann. § 89-7-27 (2026)

Nonresidential evictions; authorized in certain circumstances

✓ current as of July 2026

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A tenant or lessee at will or at sufferance, or for part of a year, or for one or more years, of premises or other lands not constituting a dwelling unit as defined in Section 89-8-7(b), and the assigns, undertenants, or legal representatives of such tenant or lessee, shall be removed from the premises by the justice court judge, county court judge or circuit court judge where the premises, or some part thereof, are situated, in the following cases, to wit:

First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his possessory term, without the permission of the landlord.

Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person who owes the rent. Notice of default by email or text message is proper if the tenant has agreed in writing to be notified by that means.

Third. If a written agreement between the landlord and tenant exists, any event calling for eviction in the rental agreement may trigger the eviction process under this section. Notice of default by email or text message is proper if the tenant has agreed in writing to be notified by that means.

Codes, 1857, ch. 41, art. 27; 1871, § 1646; 1880, § 1333; 1892, § 2547; 1906, § 2885; Hemingway's 1917, § 2383; 1930, § 2226; 1942, § 948.

Amended by Laws, 2022, ch. 501, SB 2461,§ 13, eff. 4/21/2022.

Amended by Laws, 2018, ch. 446, SB 2473,§ 1, eff. 7/1/2018.

Notes of Decisions

Cited in 7 cases, 1974–2020 · leading case: Wiggins v. Perry, 989 So. 2d 419 (Miss. Ct. App. 2008).

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Wiggins v. Perry, 989 So. 2d 419 (Miss. Ct. App. 2008). · cites it 2× “See Miss. Code Ann. § 89-7-27 (Rev.1999). Perry's alternative prayer for relief is a request for the court to force Wiggins to enter into a lease contract.”

Miss. State Dept. of Pub. Welfare v. Howie, 449 So. 2d 772 (Miss. 1984). “The landlord is still free to evict a holdover tenant under § 89-7-27 Miss. Code Ann. (1972).”

Cockrell v. City of Southaven, 730 So. 2d 1119 (Miss. 1998). · cites it 3× “The City filed an Affidavit of Eviction pursuant to Miss.Code Ann. § 89-7-27 on *1121 February 7, 1996.”

FSG Southaven LLC v. Makowsky Ringel Greenberg LLC (Miss. Ct. App. 2019). · cites it 8× “Specifically, FSG claims that: (1) Makowsky did not give notice to FSG that rent was due as required by section 89-7-27 of the Mississippi Code Annotated (Rev.”

Ellis Turnage v. Mary Alice Brooks, Ellis Christopher Brooks & Alex Jarrett Brooks (Miss. Ct. App. 2020). · cites it 2× “5 Section 89-7-27 of the Mississippi Code Annotated (Rev.”

Crechale & Polles, Inc. v. Smith, 295 So. 2d 275 (Miss. 1974). “" The landlord does have a remedy at law to evict a tenant [Mississippi Code Annotated § 89-7-27 (1972)]; nevertheless, a landlord may also proceed in chancery to enforce specific performance of a renewed contract, and the mere fact that the chancellor held that specific…”

Billy Hughey Cockrell v. City of Southaven, Mississippi (Miss. 1997). · cites it 3× “The City filed an Affidavit of Eviction pursuant to Miss. Code Ann. § 89-7-27 on February 7, 1996.”

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