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

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Multi-State
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US-03314BG
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Description

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.

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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.

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