Cal. Civ. Code § 89-7-49
Proceedings when tenant deserts premises.
Operative Text
If a tenant of lands, being in arrear for rent, shall desert the demised premises and leave the same uncultivated or unoccupied, so that a sufficient distress cannot be had to satisfy the arrears of rent, any constable of the county may, at the request of the landlord, and upon due proof by affidavit that the premises have been deserted, leaving rent in arrear, and not sufficient distress thereon, go upon and view the premises, and upon being satisfied that the premises have been so deserted, he shall affix a notice, in writing, upon a conspicuous part of the premises, stating what day he will return to take a second view thereof, not less than five (5) days nor more than fifteen (15) days thereafter, and requiring the tenant then to appear and pay the rent and any late fees due. At the time specified in the notice the constable shall again view the premises, and if, upon second view, the tenant shall not pay the rent and any late fees due, or there shall not be sufficient distress upon the premises, then the justice court shall immediately or within forty-eight (48) hours put the landlord in possession of the premises, and the lease thereof to such tenant shall become void. The tenant may appeal to the circuit court from the proceedings of the justice court at any time within thirty (30) days after possession delivered, by serving notice in writing thereof upon the landlord, and by giving bond, with sufficient sureties, to be approved by the justice court, for the payment to the landlord of the costs of appeal, which may be adjudged against the tenant; and thereupon the justice court shall return the proceedings before him to the next term of the circuit court, and the court shall, at the return term, examine the proceedings in a summary way, and may order restitution to be made to the tenant, with costs of appeal, to be paid by the landlord; or in case of affirming the proceedings, shall award costs against the tenant and sureties in his bond. History Codes, 1857, ch. 41, art. 24; 1871, § 1643; 1880, § 1332; 1892, § 2546; 1906, § 2884; Hemingway’s 1917, § 2382; 1930, § 2237; 1942, § 959; Laws, 1990, ch. 404, § 1, eff from and after July 1, 1990; Laws, 2018, ch. 446, § 5, eff from and after July 1, 2018.
Mississippi Code § 89-7-49 establishes a legal process for landlords to reclaim rental property when a tenant has abandoned the premises while owing unpaid rent and there is insufficient property on-site to satisfy the debt through distress. A constable may inspect the property, post a written notice requiring the tenant to appear and pay within a window of five to fifteen days, and if the tenant fails to pay or no sufficient distress is found on a second visit, a justice court may transfer possession to the landlord and void the lease. The tenant retains the right to appeal that justice court decision to the circuit court within thirty days of the landlord taking possession, and the circuit court may order restitution or affirm the original proceedings.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-49, a landlord whose tenant has deserted the premises while leaving rent in arrears may initiate this process by requesting a constable to view the property and swearing by affidavit that the premises are abandoned with insufficient distress available. Compliant operators typically document the abandonment thoroughly, cooperate with the constable's two-view inspection process, and await the justice court's formal order before taking possession rather than acting unilaterally. Landlords should be aware that the tenant has a thirty-day window to appeal to the circuit court, which could result in restitution being ordered against the landlord if the proceedings are found deficient.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-49 preserves important rights for tenants even after a landlord initiates desertion proceedings, including the right to appear and pay all rent and late fees due before the constable's second inspection to halt the process. If a justice court grants the landlord possession, a tenant has up to thirty days after that transfer to file a written appeal with the circuit court, which can review the proceedings and order restitution if the process was not properly followed. Tenants facing these proceedings may benefit from contacting a tenant-rights organization or legal aid provider to understand the appeal bond requirements and the circuit court review process available under this section.
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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