Mississippi Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

A Mississippi Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by the plaintiff (usually the property owner or landlord) to initiate a lawsuit against a defendant who unlawfully refuses to vacate the premises despite repeated demands to do so. This complaint is typically used in cases where a tenant or occupant has failed to comply with the terms of their lease agreement or has overstayed their welcome. Keywords: Mississippi, complaint, forcible entry and detained, defendant, refuse to surrender premises, demand, legal document, lawsuit, property owner, landlord, occupant, lease agreement, overstaying. There are several variations of the Mississippi Complaint for Forcible Entry and Detained based on the specific circumstances involved. These include: 1. Mississippi Complaint for Forcible Entry and Detained — Tenant Fails to Pay Rent: This type of complaint is filed when the tenant has failed to pay rent as agreed upon in the lease agreement. The landlord seeks to evict the tenant and regain possession of the property due to non-payment. 2. Mississippi Complaint for Forcible Entry and Detained — Tenant Violates Lease Conditions: If the tenant has violated specific terms or conditions outlined in the lease agreement, such as subleasing without permission, engaging in illegal activities, or breaching the property's rules, the landlord may file this complaint to seek eviction. 3. Mississippi Complaint for Forcible Entry and Detained — Tenant Overstays Lease Term: When a tenant remains in the property after their lease term has expired, the landlord can file this complaint to regain possession of the premises. The tenant's refusal to surrender the property despite the lease term ending is the basis for this complaint. 4. Mississippi Complaint for Forcible Entry and Detained — Unauthorized Occupant Refuses to Vacate: In situations where an unauthorized occupant, such as a squatter or someone not listed in the lease agreement, refuses to leave the property despite requests to vacate, the property owner or landlord may initiate this legal action. Whatever the specific circumstances may be, the Mississippi Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a crucial legal tool that enables landlords or property owners to seek a resolution to regain the possession of their property through the court system.

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FAQ

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.

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.

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).

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

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.

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.

More info

Nov 2, 2001 — Forcible Detainer. (a) A person who refuses to surrender possession of real property on demand comunits a forcible detainer if the person: (l) ... Apr 10, 2019 — If the Defendant(s) refuse(s) to leave, you can file a lawsuit with the court to evict the Defendant(s). STEP 2 Complete the forms. Complete the ...FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a ... FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):. The Guide describes the interplay between these laws and includes a description of the obligations and remedies for landlords and tenants. The information ... Feb 7, 2023 — We hold, therefore, that the written demand to surrender, which is a prerequisite to filing a forcible entry and detainer action against a month ... The jury returned a verdict of $6,500 for forcible entry and detainer and for conversion and $3,000 punitive damages. Plaintiff appeals from an order granting ... The following is a compendium of state and local laws that affect domestic violence survivors' housing rights. This compendium is designed to serve as a ... File with the Court a copy of the Demand for Compliance or Right to Possession Notice or Notice to Quit. Please mark as Exhibit “B”. Mar 28, 2023 — On August 2, 2021, Hampton filed his Complaint in Unlawful Detainer, alleging that he had terminated the month-to-month tenancy and had demanded ...

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Mississippi Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand