Cal. Civ. Code § 11-25-1
In what cases a remedy.
Operative Text
Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed. History Codes, Hutchinson’s 1848, ch. 56, art. 7(2); 1857, ch. 42, arts. 2, 3; 1871, § 1582; 1880, § 2645; 1892, § 4461; 1906, § 5039; Hemingway’s 1917, § 3311; 1930, § 3456; 1942, § 1033.
Miss. Code Ann. § 11-25-1 establishes a legal remedy for situations where someone has been wrongfully deprived of land possession—whether through force, fraud, intimidation, stealth, or stratagem—or where a person continues to hold land after their contractual right to do so has expired. The provision covers a broad range of parties, including landlords, tenants, vendors, mortgagees, and their legal representatives or assigns. Any eligible party must pursue this summary remedy within one year of the deprivation or unlawful withholding of possession.
Plain English — not legal advice.
Under Miss. Code Ann. § 11-25-1, landlords whose tenants remain on the property after their right to possession has expired—whether under an express or implied contract—have access to a summary legal remedy. Operators who document lease terms, expiration dates, and any notices given are generally better positioned to demonstrate that a tenant's continued occupancy falls within the scope of this provision. Because the one-year window for bringing a claim is strictly defined, property managers typically track the date possession was first withheld to preserve their options under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 11-25-1 also protects tenants and other occupants who have been wrongfully deprived of land possession through force, fraud, or similar means, giving them access to the same summary remedy. If a tenant believes they have been unlawfully removed or locked out through improper means, this provision may provide a legal basis to challenge that deprivation within one year of when it occurred. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid office to understand how this remedy applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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