Cal. Civ. Code § 89-7-81
Distress may be made after termination of lease.
Operative Text
Any person, or his executor, administrator, or assigns having rent in arrear upon any lease for life, years, or otherwise, ended and determined, or a claim for supplies, may distrain for such arrears, after the termination of the lease, in the same manner as if the same had not been determined; but the distress must be made within six (6) months after the termination of the lease, and during the continuance of the landlord’s title or interest, and during the possession of the tenant from whom the arrears are due. History Codes, Hutchinson’s 1848, ch. 56, art. 5(14); 1857, ch. 41, art. 7; 1871, § 1626; 1880, § 1308; 1892, § 2514; 1906, § 2852; Hemingway’s 1917, § 2350; 1930, § 2201; 1942, § 923.
Under Miss. Code Ann. § 89-7-81, a landlord's right to distrain (seize a tenant's property as security for unpaid rent or supplies) does not automatically end when a lease expires. Even after a lease for life, years, or any other term has ended, the landlord or their legal representatives may still pursue distress for rent that was owed but never paid. However, this remedy is subject to three conditions: the distress action must be initiated within six months of the lease's termination, the landlord must still hold the relevant title or interest in the property, and the tenant who owes the arrears must still be in possession of the premises.
Plain English — not legal advice.
Operators managing properties in Mississippi should be aware that § 89-7-81 preserves the distress remedy for unpaid rent or supplies even after a lease has concluded. A compliant and diligent property owner or manager generally tracks outstanding rent balances at the time of lease termination and acts promptly, since the six-month window after lease end is a hard deadline under this provision. Landlords also generally confirm that they still hold their ownership interest and that the tenant remains in possession before pursuing this remedy, as both conditions are required by the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-81, a landlord retains the legal ability to pursue distress for unpaid rent even after a lease has ended, provided they act within six months of termination and while the tenant is still in possession. Tenants who believe a distress action has been initiated improperly—for example, after the six-month period has lapsed or after the tenant has vacated—may have grounds to raise those timing or possession requirements as a defense. Consulting a tenant-rights organization or legal aid service familiar with Mississippi landlord-tenant law can help tenants understand how § 89-7-81 applies 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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