Cal. Civ. Code § 89-7-5
Action for use and occupation where there is no contract.
Operative Text
Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as evidence of the amount to be recovered. History Codes, 1857, ch. 41, art. 19; 1871, § 1638; 1880, § 1323; 1892, § 2538; 1906, § 2876; Hemingway’s 1917, § 2374; 1930, § 2177; 1942, § 899.
Mississippi Code Ann. § 89-7-5 addresses situations where a landlord-tenant relationship exists without a written lease or formal contract. Under this provision, a landlord is permitted to bring a legal action to recover reasonable compensation for another person's use and enjoyment of land, even when no written agreement governs the arrangement. Importantly, if a lease or informal agreement surfaces during the trial, it does not automatically defeat the landlord's claim — instead, it may be used as evidence to help determine the appropriate amount of compensation.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-5, property owners who have allowed someone to occupy land without a written lease still have a legal avenue to seek compensation for that use and occupation. Operators who find themselves in this situation generally document any informal arrangements, communications, or partial agreements that might help establish the reasonable value of the occupancy. If such evidence of a demise or agreement emerges during litigation, it can work in the landlord's favor by helping to quantify the recovery rather than undermining the claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-5 establishes that a landlord can pursue a court action for reasonable compensation even when no written lease exists, which means occupants of land without formal contracts may still face legal liability for the value of their use and occupation. Tenants in this situation may want to gather any records of payments made, communications with the landlord, or informal agreements that could speak to what a reasonable amount of compensation looks like. Consulting a tenant-rights organization or legal aid service familiar with Mississippi landlord-tenant law can help individuals understand how this provision 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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