Update on Recent Ruling of Eviction Statutes

MAA would like to provide an on the recent, November 30 decision of a federal district court judge declaring the eviction statutes unconstitutional.  The judge determined that the statutorily-required language of the eviction summons, which is delivered to the tenant by the Constable, is unconstitutional because it does not adequately put the tenant on notice that, in connection with the Constable’s execution of the warrant of removal, a landlord may seize the tenant’s property and does not have to return the tenant’s property.  The judge also determined that such a process is unconstitutional under the equal protection clause.  MAA’s view of the eviction process is that the execution of a warrant of removal, while the tenant still resides at an apartment, does not authorize the landlord to take ownership of any tenant belongings still in the apartment at that time.  Rather, the landlord always has an obligation to deal with the tenant in good faith.  Moreover, under Mississippi statutes, the landlord can not take and sell the tenant’s property without going through a separate proceeding to enforce a landlord lien. 

Notably, neither the defendant landlord nor Mississippi Attorney General’s office filed an immediate appeal by the December 10 deadline to do so.  Considering this development, MAA encourages you to follow up with legal counsel before filing or otherwise maintaining an already filed eviction proceeding.  MAA is closely monitoring this case for developments and will keep you updated.  In addition, MAA is working with its lobbyist on amendments to the eviction laws that address the court's concerns and remain simple, easy to understand and to apply.

If you do not have legal counsel, we recommend contacting Robert Ireland with Watkins and Eager at (601) 965-1900.