Cal. Civ. Code § 89-7-117
Property of strangers not liable.
Operative Text
Property, except agricultural products on which there is a lien for rent, found or being on any demised premises, not belonging to the tenant or to some person bound or liable for the rent of such premises, shall not be liable to be distrained for rent; but if the tenant or other person liable for the rent have a limited interest in the property, the same may be distrained, and the interest therein of the tenant or person liable for the rent may be sold. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (10); 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1317; 1892, § 2529; 1906, § 2867; Hemingway’s 1917, § 2365; 1930, § 2219; 1942, § 941.
Mississippi Code § 89-7-117 limits a landlord's right of distraint—the legal remedy of seizing property found on rented premises to satisfy unpaid rent—so that it does not reach property belonging to third parties who have no obligation to pay the rent. Agricultural products subject to a rent lien are an exception and may still be distrained even if owned by a stranger. Where a tenant or other person liable for rent holds only a partial or limited interest in property on the premises, that interest alone may be seized and sold, rather than the full property.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-117, operators who pursue distraint as a remedy for unpaid rent must first confirm that the property targeted actually belongs to the tenant or another party responsible for the rent. Compliant landlords take care to distinguish third-party property—such as goods belonging to a subtenant's vendor or a guest—from property in which the tenant holds at least a limited ownership stake. When a tenant holds only a partial interest in an item, the landlord's distraint right extends only to that interest, not to the full value of the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 89-7-117 of the Mississippi Code provides meaningful protection for third parties whose belongings happen to be located on rented premises: a landlord generally cannot seize those items to collect rent owed by someone else. If you are a third party whose property is on a leased premises, or if a landlord has distrained items that do not belong to the tenant, this provision may be relevant to asserting that the seizure was improper. Tenants and affected third parties can explore their options by consulting a tenant-rights organization or a licensed Mississippi attorney familiar with landlord-tenant law.
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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