How to Evict a Roommate in Mississippi (and Other Household Situations)
What Mississippi law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under Mississippi's Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others; it does not include anyone who enters or stays on property without the landlord's knowledge or permission. A roommate not on the lease may be a tenant if the owner agreed to their occupancy, a subtenant if they rent from the leaseholder, or only an invitee. Which applies depends on the facts. Miss. Code Ann. § 89-8-7(1)(l), (m) (as amended by 2025 H.B. 1200)
| Roommate not on the lease | Under Mississippi's Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of others; it does not include anyone who enters or stays on property without the landlord's knowledge or permission. A roommate not on the lease may be a tenant if the owner agreed to their occupancy, a subtenant if they rent from the leaseholder, or only an invitee. Which applies depends on the facts. A person invited by a tenant who stays after the tenant's rental agreement ends is a 'squatter' under the 2025 Act and does not get a tenant's eviction rights. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
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| Removing a roommate or subtenant | A 'landlord' under the Act includes a sublessor, so a tenant who rents to a roommate is that roommate's landlord. Without a fixed term the tenancy is month to month (week to week if rent is paid weekly), ended by written notice at least 30 days (or 7 days) before the termination date; if the roommate stays, the leaseholder seeks a possession judgment in justice, county or circuit court. Notice periods are from § 89-8-19 as amended by 2022 S.B. 2461. Subletting may require the landlord's consent under the main lease. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
| Guests who won't leave | No statute sets when a guest becomes a tenant. The Act does not give rights to anyone who enters or stays without the landlord's knowledge or permission. A person invited onto property who stays without the owner's consent after written notice to leave commits the crime of squatting; the owner files a sworn affidavit with local law enforcement, which issues a citation within 24 hours, and the person must leave or ask the municipal or justice court for a hearing within 3 days, or be removed without a writ. Persons with heirship rights are not 'squatters' under the Act. False complaints carry penalties. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
| Removing a family member or partner | No statute specifically addresses removing a family member or partner. The 2025 squatting procedure applies to an invited person who stays without the owner's consent after written notice to leave, but it does not cover anyone with heirship rights in the property. A family member who is a tenant under a rental agreement must be removed under the Residential Landlord and Tenant Act. Where there is abuse, a protective order may also address who stays in the home. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
| Renting a room in your own home (lodgers) | No special statute for a lodger in the owner's home. The Act's exclusions cover transient occupancy in a hotel, motel or lodgings, but do not exclude renting a room in an owner-occupied home, so a person renting a room under a rental agreement is generally covered. Whether a room rental is 'transient lodgings' or a tenancy depends on the facts. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
| Tenancy at will | For residential dwelling units, unless the rental agreement fixes a definite term, the tenancy is week to week if rent is paid weekly and otherwise month to month; either side ends it with written notice at least 7 or 30 days before the termination date. Mississippi's older removal statute for tenants 'at will or at sufferance' (§ 89-7-27) applies to premises that are not dwelling units. Section 89-7-27 text verified on a public code mirror (codes.findlaw.com, current as of Jan. 1, 2025); official code not freely readable online. |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel or lodgings is excluded from the Residential Landlord and Tenant Act. No statute sets a fixed number of days after which a hotel guest becomes a tenant. Text from the enacted bill (2025 Miss. Laws H.B. 1200, Real Property Owners Protection Act, effective July 1, 2025); the official code is not freely readable online. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.