Cal. Civ. Code § 89-8-35
Residential evictions; issuance of summons; required notice to persons in or claiming possession of premises; service of summons.
Operative Text
(1) Upon the filing of the sworn affidavit or complaint, a summons shall be issued for service upon the person in possession of the identified premises or claiming possession thereof. The summons shall command such person to immediately vacate the premises or to show cause before the judge, on a day to be named in the summons, why possession of the premises should not be delivered to the applicant. (2) In addition to the information required by subsection (1) of this section and the applicable Mississippi Rules of Court, the summons shall state: You are being sued for eviction. At the eviction hearing, the judge will determine if the landlord is entitled to possession of your rental unit. If the landlord is granted possession of the rental unit, then you will have at least seven (7) days from the date of the judgment to move out, unless a shorter or longer period of time for vacating the premises is ordered because of an emergency or other compelling circumstances. If the landlord seeks possession based on nonpayment of rent, you do not have to move out if you pay all the sums owed to the landlord either before the eviction hearing or, afterwards, by the court-ordered move-out date. If you move out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. If you do not move out by the date and time ordered by the court, the landlord can have you removed by law enforcement. You will have no right to reside at the premises once you have been removed. The landlord must grant you reasonable access to the premises during the seventy-two (72) hours following your removal to retrieve your personal property. After seventy-two (72) hours, the landlord may remove any personal property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by you and the landlord. You may still retrieve your personal property, but the landlord will have no obligation to preserve the personal property upon removal. (3) Service of summons shall be pursuant to applicable Mississippi Rules of Court. History Laws, 2022, ch. 501, § 3, eff from and after passage (approved April 21, 2022); Laws, 2025, ch. 460, § 1, eff from and after passage (approved April 10, 2025).
Mississippi Code § 89-8-35 governs how the eviction process begins and what information must be communicated to a tenant facing removal. Once a landlord files a sworn affidavit or complaint, a court summons is issued that both orders the occupant to vacate or appear before a judge and spells out key rights and timelines. If a judgment for possession is entered, the tenant generally has at least seven days to move out, and in nonpayment-of-rent cases, paying all amounts owed before or by the court-ordered move-out date can stop the eviction. After removal, the landlord must allow 72 hours of reasonable access for the tenant to retrieve personal property before the landlord may move remaining items to the curb or another agreed location.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-8-35, compliant landlords ensure that the court-issued summons contains all the notices required by subsection (2) — including the tenant's right to a hearing, the minimum seven-day move-out period, and the 72-hour personal-property retrieval window after removal. Operators generally do not attempt to remove a tenant or their belongings before law enforcement executes a court order, and they provide reasonable access to the premises during the 72 hours following an official removal. Landlords who handle abandoned property should be aware that the statute distinguishes between property left before the move-out deadline and property remaining after a law-enforcement removal, with different obligations attaching to each scenario.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 89-8-35 of the Mississippi Code requires that the eviction summons you receive spell out important protections in plain language, including your right to appear before a judge and contest the eviction. If the case involves unpaid rent, the statute provides that paying everything owed before the hearing — or by the court-ordered move-out date — can halt the eviction process. Tenants who believe these procedural requirements were not followed, or who need help understanding their rights to the 72-hour property-retrieval window or the minimum seven-day move-out period, may benefit from contacting a local tenant-rights organization or legal aid office familiar with Mississippi eviction procedure.
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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