Cal. Civ. Code § 89-7-1
Goods not to be removed until rent paid.
Operative Text
No goods or chattels, lying or being in or upon any messuage, lands or tenements, leased or rented for life, years, at will, or otherwise, shall at any time be liable to be taken by virtue of any writ of execution, or other process whatever, unless the party so taking the same shall, before the removal of the goods or chattels from such premises, pay or tender to the landlord or lessor thereof, all the unpaid rent for the said premises, whether the day of payment shall have come or not, provided it shall not amount to more than one (1) year’s rent; and the party suing out such execution or other process, paying or tendering to such landlord or lessor the rent unpaid, not to exceed one (1) year’s rent, may proceed to execute his judgment or process; and the officer levying the same shall be empowered and required to levy and pay to the plaintiff as well the money so paid for rent, as the money due under the process, and when the rent contracted for is payable, not in money, but in other things, the creditor shall pay the landlord the money value of such things. History Codes, 1906, § 2851; Hemingway’s 1917, § 2349; 1930, § 2175; 1942, § 897; Laws, 1894, ch. 52.
Mississippi Code § 89-7-1 establishes a rule that protects a landlord's right to collect unpaid rent before a tenant's personal property can be removed from leased premises under a court-ordered execution or legal process. Specifically, before any goods or chattels may be taken off the property, the creditor seeking to enforce a judgment must first pay or tender to the landlord any rent that is past due, capped at one year's worth of rent. Once that payment is made, the creditor may proceed with the execution, and the enforcing officer is authorized to recover those rent payments as part of the overall levy.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-1, landlords holding leased property in Mississippi have a statutory priority claim on unpaid rent—up to one year's worth—before a judgment creditor can remove a tenant's goods from the premises. A compliant and informed landlord generally keeps clear records of rent owed and communicates promptly with any officer or creditor who attempts to levy on property located at the leased premises. When rent is owed in non-monetary form, the provision requires that its cash equivalent be paid, so landlords with non-standard rent arrangements typically document the agreed monetary value of those obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-1 affects tenants by establishing that a creditor holding a judgment against a tenant cannot simply remove the tenant's goods from a rented property without first satisfying any unpaid rent owed to the landlord, up to one year's amount. This means a tenant's belongings on leased premises carry a layer of protection tied to the landlord's rent claim before a third-party creditor can act. Tenants who believe this provision is being violated—for example, if goods are removed without the landlord being paid first—may wish to consult a tenant-rights organization or legal aid office familiar with Mississippi landlord-tenant law for guidance on available remedies.
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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