Cal. Civ. Code § 89-10-7
Crime of Unlawful use, control, or management of real property; penalties.
Operative Text
(1) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying, granting or authorizing use, control or management of real property shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows: (a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; or (b) An amount equal to the value of all monies received by the person who violated the provisions of this chapter. (2) Any person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing damages in an amount that exceeds One Thousand Dollars ($1,000.00), shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows: (a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; and (b) An amount equal to the cost of all repairs made as a result of the damages caused. (3) Any person, except an heir to the property, who lists or otherwise advertises real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows: (a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property; or (b) An amount equal to the value of all monies received by the person who violated the provisions of this chapter. History Laws, 2025, ch. 474, § 6, eff from and after July 1, 2025.
Miss. Code Ann. § 89-10-7 establishes three distinct felony offenses related to fraudulent or unauthorized use of real property. The law covers presenting fake lease or deed documents to occupy property, intentionally damaging a dwelling while unlawfully occupying it (when damages exceed $1,000), and advertising or renting property without legal authority to do so. Each offense carries a prison term of two to five years and financial penalties tied to the owner's lost rental income or the offender's unlawful gains.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-10-7, property owners whose real estate is fraudulently occupied or advertised without their consent have recourse through criminal law, not just civil remedies. Compliant operators generally document their ownership and leasing authority thoroughly, making it easier to demonstrate that any competing claim or listing is unauthorized. Owners who discover fraudulent use of their property may report the conduct to law enforcement, as the statute treats such acts as felonies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-10-7 is primarily a criminal statute aimed at bad actors who fraudulently claim rights to property they do not own or control, not at tenants with legitimate lease agreements. Tenants who hold valid, lawfully executed leases are not the target of this provision, but those who knowingly present false documents to occupy a dwelling face serious felony exposure. Tenants who believe they have been victimized by a fraudulent landlord — someone who rented property they had no authority to lease — may report the situation to local law enforcement or consult a tenant-rights organization for guidance.
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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