Mississippi Eviction Notice Law 2025: Physical Execution Required

Before this amendment, a warrant of removal being posted on the premises door was, in practice, treated by some as completing the execution of that warrant, even without law enforcement physically removing anyone from the property.

[Cite: Mississippi Senate Bill 2328, "As Sent to Governor," Section 89-8-39 as amended]

That practice created a real gap between a warrant technically being posted and a landlord actually regaining possession of the property, since posting alone didn't guarantee the tenant had actually left.

The amended statute states directly: "The warrant of removal shall not be considered executed by law enforcement posting the warrant of removal on the door of the premises."

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

That's an unambiguous statutory rejection of the posting-only practice, not a clarification open to interpretation.

The same provision requires that "law enforcement must remove all occupants from the premises and place the landlord into physical possession of the premises."

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

That's a two-part standard: occupants actually removed, and the landlord actually placed in physical possession. A landlord isn't legally back in possession of the unit until both of those steps have actually happened.

A landlord relying on a posted notice as evidence that a removal was completed now needs to confirm that law enforcement actually carried out a physical removal and handed over possession, rather than treating a posted document as the finish line.

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

A landlord who re-enters or re-rents a unit based only on a posted warrant, without confirming actual physical execution occurred, risks acting before the eviction was legally complete under this standard.

Once the warrant has been executed, the landlord must allow the tenant reasonable access to the premises for 72 hours to remove personal property, including a manufactured home.

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

That 72-hour clock starts running from the point of actual physical execution, not from when the warrant was originally issued or posted.

The statute specifically calls out a manufactured home as a category of personal property covered by this 72-hour access window, not just smaller household belongings.

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

That's a meaningful detail for a landlord managing a manufactured home community, since removing a manufactured home is a substantially different logistical task than clearing out furniture and boxes, and the tenant's access rights explicitly extend to that larger category of property.

The amended notice language a landlord must provide states that "the landlord must grant you reasonable access to the premises during the seventy-two (72) hours following your removal to retrieve your personal property."

[Cite: Mississippi Code section 89-8-35, as amended by 2025 Mississippi Laws, Chapter 460]

A landlord using an older notice template that doesn't reflect this 72-hour access language is using outdated paperwork for this specific step of the eviction process.

After the 72-hour window expires, the landlord may remove any remaining personal property to the curb, an area designated for garbage, or another location agreed to by the landlord and tenant.

[Cite: Mississippi Code section 89-8-35, as amended by 2025 Mississippi Laws, Chapter 460]

That gives a landlord three specific, named options for where leftover property can go, rather than leaving that decision entirely open-ended.

The statute specifies that after removing the property under this process, "the landlord will have no obligation to preserve the personal property."

[Cite: Mississippi Code section 89-8-35, as amended by 2025 Mississippi Laws, Chapter 460]

That's a clear cutoff. A landlord who follows the 72-hour access window and then relocates remaining property to one of the three named locations isn't required to store it, protect it from weather or damage, or hold it for a tenant to claim later.

A separate new provision creates a distinct rule for recreational vehicle parks: after 48 hours, rather than 72, the park owner or operator has the right to have remaining property removed.

[Cite: 2025 Mississippi Laws, Chapter 460, Section 5]

A landlord or property manager who operates both standard residential rental units and a recreational vehicle park needs to track two different timelines, not apply the standard 72-hour rule uniformly across an entire portfolio.

Under this provision, a person can also arrange a specific, reasonable time, not exceeding 48 hours, with the park owner or operator to come remove their property, accompanied by a law enforcement officer.

[Cite: 2025 Mississippi Laws, Chapter 460, Section 5]

That's a structured alternative to simply waiting out the 48-hour window passively; it gives the departing occupant a scheduled, law-enforcement-accompanied opportunity to retrieve property within that same time limit.

Sections 89-8-3 and 89-8-31 were also amended by this bill, but as conforming, technical adjustments tied to the substantive changes in sections 89-8-35 and 89-8-39, rather than independent new rules of their own.

[Cite: Mississippi Senate Bill 2328, "As Sent to Governor"]

A landlord researching this topic doesn't need to treat those two sections as separate compliance items; they exist to keep the surrounding statutory language consistent with the execution and access changes described above.

Since the 72-hour access clock runs from the date of actual physical execution rather than posting, a landlord has a direct incentive to document exactly when law enforcement completed the removal and placed the landlord in possession.

[Cite: Mississippi Code section 89-8-39, as amended by 2025 Mississippi Laws, Chapter 460]

That date is what determines when the 72-hour window opens and when it closes, which in turn determines when a landlord can lawfully relocate any remaining property.

The practical starting point is confirming with local law enforcement or the process server exactly what counts as physical execution under this standard, rather than treating a posted warrant as confirmation that a removal is complete.

For any current notice templates referencing the property-access and disposal process, updating that language to match the 72-hour standard described in section 89-8-35, and separately confirming whether any recreational vehicle park properties in a portfolio need the distinct 48-hour process instead, closes the compliance gap this amendment creates.