Short answer: No. In Mississippi, a landlord cannot legally evict a tenant without a court order. Any attempt to remove a tenant without following the formal eviction process is generally considered an illegal eviction.
This rule applies even if:
Mississippi law requires landlords to go through the justice court eviction process before regaining possession of a rental property.
Table of Contents
What Does Mississippi Law Require for a Legal Eviction?
Under Mississippi law, a landlord must follow a court-supervised eviction process, which typically includes:
- Proper Notice (when required)
- For nonpayment of rent or lease violations, the landlord must provide notice consistent with the lease or state law.
- Filing an Eviction Case in Justice Court
- The landlord must file a formal eviction action (often called an unlawful entry and detainer or eviction suit).
- Court Hearing
- Both landlord and tenant have the right to appear and present evidence.
- Court Judgment
- Only a judge can authorize eviction.
- Writ of Execution
- If the landlord wins, the court issues an order allowing law enforcement to remove the tenant if necessary.
👉 Without a court judgment and writ, the eviction is not legal.
What Counts as Eviction Without a Court Order?
A landlord may be committing an illegal eviction if they:
These actions are commonly known as “self-help evictions”, which are not allowed in Mississippi.
Is Lockout Legal in Mississippi?
No. A landlord generally may not lock a tenant out of a rental property without a court order.
Even if the tenant has not paid rent, the landlord must still go through the eviction process. Lockouts are often cited by Mississippi courts as a clear example of illegal eviction.
What If the Lease Has Ended?
Even after a lease expires, a landlord still cannot remove a tenant without court involvement.
If a tenant remains in the property after the lease term:
- The landlord must file an eviction case
- The tenant is entitled to due process
Holding over after lease expiration does not give the landlord the right to forcibly remove the tenant.
Can Police Evict a Tenant Without a Court Order?
In Mississippi, police officers generally will not remove a tenant unless the landlord presents a valid court order.
If a landlord calls the police without a writ of execution:
- Police typically treat the matter as a civil dispute
- Tenants are often advised to remain until a judge orders otherwise
What Should a Tenant Do If Evicted Without a Court Order?
If a landlord attempts to evict you without court approval, you should:
- Document everything (photos, videos, messages)
- Call local law enforcement if you are locked out or utilities are shut off
- File a complaint or court action against the landlord
- Seek damages for illegal eviction
Mississippi courts may allow tenants to recover:
Related Mississippi Illegal Eviction Resources
- Mississippi Illegal Eviction Laws
- What Counts as an Illegal Eviction in Mississippi?
- Is Lockout Legal in Mississippi?
- How Much Can You Sue a Landlord for Illegal Eviction?
Key Takeaway
A landlord in Mississippi cannot evict a tenant without a court order, no matter the circumstances. Any attempt to force a tenant out without judicial approval is likely illegal and may expose the landlord to serious legal consequences.
If you believe your landlord is trying to evict you unlawfully, understanding your rights under Mississippi law is the first step to protecting yourself.
Author Disclosure
Written by Emily Carter, J.D.
Housing law researcher and Small Claims Court specialist with over 8 years of experience in landlord–tenant disputes.
This content is for educational purposes only and does not provide legal advice.
