Squatters' Rights in Mississippi
Mississippi rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; 2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended)
The rules in Mississippi
| Squatters / unauthorized occupants | Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. Approval confirmed on the official bill history (https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1200.xml). Code section numbers for the new act and the session-law chapter number were not identified. The text used is the 'As Sent to Governor' version. News reports from May 2026 describe confusion over whether police or the sheriff handles a given property. |
|---|---|
| Belongings left behind | The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. No statute was found for property left after a voluntary move-out without a court case. |
Related questions
Mississippi vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Mississippi | Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. 2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended) | The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6) |
| Alabama | An owner (or agent) of a dwelling may have an unauthorized occupant removed by law enforcement without an eviction suit. Steps: (1) give the occupant notice at the dwelling (hand delivery or posting on the front door/entrance) that they have no right to the dwelling and must vacate immediately, including the street address of the law enforcement agency; (2) submit a sworn affidavit in the statutory form to law enforcement in the county, attaching the notice with date/time of delivery and ID or proof of agency. The affidavit must state the occupant is not a tenant, holdover tenant, or immediate family member and that no litigation is pending. After verifying ownership and at least 24 hours after receiving the affidavit, law enforcement serves a notice to immediately vacate and may arrest for trespass, burglary, theft, or outstanding warrants. The agency may charge up to $50. A knowingly false affidavit can be prosecuted as false reporting (§ 13A-10-9); a wrongfully removed person may recover possession, actual damages, punitive damages of triple the fair market rent, costs and attorney fees. Squatters are excluded from Chapters 9 and 9A, so no eviction action is required. Renting or listing property without authority is a Class D felony (Class C if money was received or the owner is 70 or older). Ala. Code §§ 35-9B-1 to 35-9B-9 (Act 2024-237); §§ 13A-9-22, 13A-9-23 (Act 2026-536) | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Ala. Code § 35-9A-423(d)-(e) |
| Arkansas | Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G) | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Ark. Code § 18-16-108 |
| Louisiana | No affidavit-based police removal statute was found. Criminal route: under the criminal trespass statute, a 'squatter' (anyone remaining on property without a right of possession, ownership, occupancy, or lease interest) commits trespass by remaining after a lawful possessor directs them to leave verbally, by written notice, or by posting conspicuous signage that the property is privately owned and trespass is prohibited. Penalties: first offense $100-$500 fine and/or up to 30 days; escalating for repeat offenses. Civil route: the owner delivers a written 5-day notice to vacate to the occupant and then files a summary eviction (rule to show cause); an occupant who stays more than 5 days after a proper notice to vacate also 'remains' unlawfully for trespass purposes. La. R.S. 14:63(C)(2)(a)(i)-(ii), (b), (G); La. C.C.P. arts. 4702, 4731 | No statute — no Louisiana statute was found setting a notice, storage, or sale procedure for a tenant's belongings. After the required notice to vacate, the landlord may retake possession without further court process on a reasonable belief the tenant abandoned the premises (indicia: ending residential occupancy, returning keys, removing furnishings or other movables). In parishes under a federal disaster declaration, leaving the residence is not evidence of abandonment for 30 days after the declaration; violating that rule entitles the residential tenant to $500 or twice the monthly rent, whichever is greater. La. C.C.P. art. 4731(B)-(C) |
| Tennessee | Since July 1, 2024, an owner or authorized agent may ask the county sheriff to immediately remove an unlawful occupant of a residential dwelling, without a court case, by submitting a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form). Conditions: the property includes a residential dwelling; an unauthorized person entered and remains; the property was not open to the public at entry; the owner told the person to leave; the person is not a current or former tenant under a written or oral rental agreement authorized by the owner and is not an immediate family member (spouse, parent, sibling, child); and no litigation is pending between owner and occupant about the property. The sheriff verifies ownership, serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, may arrest for trespass or warrants, and may stand by (hourly fee) while locks are changed and belongings moved to the property line. A wrongfully removed person may sue (expedited hearing) for possession, actual damages, statutory damages of triple the fair market rent, costs and attorney fees. T.C.A. § 29-18-135 (added by 2024 Pub. Ch. 1009, SB 795 / HB 1259) | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
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Squatters' Rights in Mississippi FAQ
How do you remove a squatter in Mississippi?
Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. (2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended))
What can a landlord do with a tenant's abandoned property in Mississippi?
The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. (Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6))
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.