Cal. Civ. Code § 89-8-39
Residential evictions; order to vacate; setting of move-out date; warrant for removal; tenant's reasonable access to premises after the warrant of removal has been executed; disposal of abandoned property; warrant of removal not issued under certain circumstances; landlord's duty of good faith.
Operative Text
(1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances. Circumstances that justify setting the move-out date less than seven (7) days from the date of the judgment, include, but are not limited to: (a) The tenant has committed a substantial violation of the rental agreement or of this chapter that materially affects health or safety; or (b) The tenant poses an immediate and significant risk of damage to the premises or of harm or injury to persons on the premises. Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. Unless the tenant makes the payment contemplated by subsection (4)(i) of this section, the tenant will have no right to reside in or on the premises after the court-ordered move out date. If the tenant moves out by the date ordered by the court, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. (2) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (4) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof. The warrant of removal shall not be considered executed by law enforcement posting the warrant of removal on the door of the premises. Law enforcement must remove all occupants from the premises and place the landlord into physical possession of the premises. (3) During the seventy-two (72) hours, after the warrant for removal has been executed, the landlord shall allow the tenant reasonable access to the premises to enable the tenant to remove the tenant’s personal property, including any manufactured home. If the tenant moves out within seventy-two (72) hours of the execution of the warrant of removal, leaving personal property behind, then the landlord may dispose of such abandoned property without further notice. After said seventy-two (72) hours, the landlord may remove any property remaining on the premises to the curb, an area designated for garbage or some other location agreed to by the tenant and the landlord. (4) (a) In cases in which the possession judgment is based solely on the tenant’s nonpayment of rent, the judge shall not issue a warrant for removal if: (i) By the court-ordered move-out date, the tenant has paid in full all unpaid rent and other sums awarded to landlord in the judgment; or (ii) After such date, the landlord has accepted payment of such amounts. (b) A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date. History Laws, 2022, ch. 501, § 5, eff from and after passage (approved April 21, 2022); Laws, 2025, ch. 460, § 2, eff from and after passage (approved April 10, 2025).
Under Miss. Code Ann. § 89-8-39, when a court grants a landlord a judgment of possession, the tenant is generally given seven days to vacate, though a judge may shorten or extend that window based on emergency or compelling circumstances. A warrant for removal — which must be physically executed by law enforcement, not merely posted on the door — can be requested after the move-out date passes, and once executed, the tenant retains 72 hours of reasonable access to retrieve personal property. If the eviction is based solely on unpaid rent, the warrant cannot be issued if the tenant pays all amounts owed in full by the court-ordered move-out date, and the landlord is obligated by good faith to accept such payment when tendered on time.
Plain English — not legal advice.
Property owners and managers operating under Miss. Code Ann. § 89-8-39 should be aware that a possession judgment does not immediately authorize physical removal — a separate warrant for removal must be requested and executed by law enforcement after the court-ordered move-out date. Compliant operators understand that the warrant is not considered executed by simply posting it on the door; law enforcement must physically remove occupants and restore the landlord to possession. Importantly, when an eviction is based solely on nonpayment of rent, § 89-8-39(4)(b) imposes a good-faith duty to accept full payment of all sums owed if tendered by the court-ordered move-out date, and accepting such payment after that date also bars issuance of the warrant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-8-39 provides tenants with several procedural protections during the eviction process, including a default seven-day period between a possession judgment and the required move-out date, and 72 hours of reasonable access to the premises after a warrant of removal is executed to retrieve personal belongings. Tenants facing eviction solely for nonpayment of rent may be able to stop the issuance of a warrant for removal by paying all amounts awarded in the judgment in full by the court-ordered move-out date. Tenants who believe these protections have not been honored — such as a landlord refusing a timely full-rent payment or denying post-warrant access — may wish to consult a tenant-rights organization or legal aid provider familiar with Mississippi housing law for guidance on available options.
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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