Cal. Civ. Code § 89-7-119
Replevin of property by strangers.
Operative Text
When any person other than the tenant shall claim to be the owner of any property distrained or seized for rent or supplies, he may make affidavit that said property is his, and not the property of the tenant, and not held to the use of the tenant in any manner whatever, and is not liable to such distress or seizure. If he desire immediate possession of said property, he shall give bond, with sufficient sureties, in the manner directed for the tenant, and such affidavit and bond shall be delivered to the officer who made the distress, who shall deliver the property to the claimant. Such claim may be interposed without giving bond, and the same proceedings shall be had thereon, except that the property claimed shall not be delivered to the claimant, but shall be disposed of as in the case of replevy by the tenant. Upon such claim being made, the landlord may release the property so claimed and forthwith distrain or seize other property in lieu thereof. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (10, 16); 1857, ch. 41, art. 12; 1871, § 1631; 1880, § 1317; 1892, § 2530; 1906, § 2868; Hemingway’s 1917, § 2366; 1930, § 2220; 1942, § 942.
Mississippi Code § 89-7-119 establishes a process by which a third party—someone other than the tenant—can assert ownership over property that has been seized or distrained for rent or supplies. The claimant may file a sworn affidavit stating the property belongs to them and is not connected to the tenant's obligations, and may obtain immediate return of the property by posting a bond with sufficient sureties. Alternatively, a claim can be filed without a bond, in which case the property remains held rather than returned to the claimant, following the same general procedures used when a tenant replevies property. The landlord, upon receiving such a third-party claim, has the option to release the disputed property and instead seize other qualifying property belonging to the tenant.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-119, landlords who distrain or seize property for unpaid rent should be aware that third parties may assert ownership over that property through a sworn affidavit process. When such a claim is filed, a compliant landlord typically evaluates whether to release the disputed property and promptly distrain alternative property belonging to the tenant in its place, which the statute expressly permits. Keeping clear records of what property is seized, from whom, and under what circumstances helps operators navigate third-party ownership disputes and respond appropriately when a claim is interposed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-119 is relevant to tenants whose property has been distrained for rent, particularly when items belonging to someone else—such as a roommate, family member, or co-owner—are caught up in the seizure. That third party has a recognized right under this provision to file a sworn affidavit claiming ownership and, if they choose, to post a bond to secure the property's immediate return. Tenants and affected third parties who believe property has been wrongfully seized may wish to consult a tenant-rights organization or attorney familiar with Mississippi landlord-tenant law to understand how the replevin and affidavit procedures under this section might apply 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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