Short answer: In Mississippi, a tenant who is illegally evicted may be able to recover financial compensation (damages) from the landlord. The exact damages available depend on the facts of the case, but courts commonly allow tenants to recover actual losses, and in serious cases, additional damages for wrongful conduct.
Illegal eviction cases often arise when a landlord removes a tenant without a court order, uses lockouts, or shuts off utilities to force the tenant out.
Table of Contents
What Is Considered an Illegal Eviction in Mississippi?
Before discussing damages, it is important to understand what qualifies as an illegal eviction.
In Mississippi, a landlord generally commits an illegal eviction by:
- Evicting a tenant without a court order
- Changing the locks or blocking access
- Shutting off utilities to force the tenant to leave
- Removing a tenant’s belongings without judicial authorization
Landlords must follow the justice court eviction process before regaining possession of a rental property.
Types of Damages a Tenant May Recover
Mississippi courts focus on making the tenant whole after an illegal eviction. Depending on the circumstances, a tenant may recover the following categories of damages.
1. Actual (Compensatory) Damages
Actual damages are the most common form of recovery. These compensate the tenant for direct financial losses caused by the illegal eviction.
Examples include:
- Temporary housing or hotel costs
- Increased rent paid for a replacement unit
- Moving and storage expenses
- Lost or damaged personal property
- Utility reconnection fees
- Food spoilage caused by utility shutoffs
The tenant must usually provide receipts, invoices, or other proof of these losses.
2. Lost Use and Enjoyment of the Property
Tenants may recover damages for the loss of use of the rental unit, even if the eviction did not last long.
Courts may consider:
- The length of time the tenant was excluded
- The condition of the property
- Whether the eviction caused significant disruption
This type of damage recognizes that tenants have a legal right to possess the property until lawfully evicted.
3. Property Damage or Loss
If a landlord removes, damages, or disposes of a tenant’s belongings during an illegal eviction, the tenant may recover:
- The value of lost or destroyed items
- Repair or replacement costs
- Storage-related losses
Photographs, witness statements, and inventories are often used as evidence.
4. Additional Damages for Willful or Intentional Conduct
When a landlord’s actions are intentional, malicious, or repeated, Mississippi courts may allow additional damages beyond basic compensation.
Examples include:
- Repeated lockouts
- Utility shutoffs used as pressure tactics
- Threats or harassment connected to eviction
These damages are meant to discourage landlords from engaging in unlawful behavior.
5. Court Costs and Related Expenses
In some cases, tenants may recover:
- Court filing fees
- Service costs
- Other litigation-related expenses
Recovery depends on how the case is pleaded and decided by the court.
What Factors Affect the Amount of Damages?
The amount a tenant can recover depends on several factors, including:
- Severity of the landlord’s conduct
- Duration of the illegal eviction
- Financial harm suffered by the tenant
- Quality of documentation and evidence
Clear documentation significantly increases the likelihood of recovery.
What Should a Tenant Do to Preserve a Damages Claim?
Tenants seeking damages for illegal eviction should:
- Document everything (photos, videos, messages)
- Keep receipts for all related expenses
- Obtain witness statements when possible
- File a timely court claim in the appropriate court
Early action helps protect the tenant’s rights.
Related Mississippi Illegal Eviction Resources
- Mississippi Illegal Eviction Laws
- Can a Landlord Evict You Without a Court Order in Mississippi?
- Can a Landlord Shut Off Utilities in Mississippi?
- Can a Landlord Shut Off Utilities to Force Eviction in Mississippi?
Key Takeaway
A tenant illegally evicted in Mississippi may recover actual damages, compensation for lost use of the property, and in serious cases, additional damages for intentional misconduct.
Because damages depend heavily on the facts and evidence, tenants should carefully document losses and understand their rights under Mississippi law.
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.
