Cal. Civ. Code § 89-8-45
Holdover tenant; penalty.
Operative Text
When a rental agreement with a definite term expires and the tenant fails or refuses to vacate the premises after being notified by the landlord to do so, then the landlord may, if not contradicted by the rental agreement, charge the tenant double the rent for the time that the tenant continues in possession of the premises following the date to vacate the premises specified in the notification. History Laws, 2022, ch. 501, § 8, eff from and after passage (approved April 21, 2022).
Under Miss. Code Ann. § 89-8-45, when a fixed-term rental agreement ends and a tenant remains on the property after receiving a landlord's notice to vacate, the landlord is permitted to charge twice the normal rent for every period the tenant continues to occupy the premises past the specified move-out date. This doubled-rent remedy is only available if the rental agreement itself does not prohibit or limit it. The provision applies specifically to tenancies with a definite term, not open-ended or month-to-month arrangements.
Plain English — not legal advice.
Miss. Code Ann. § 89-8-45 gives property owners a financial remedy when a fixed-term tenant stays beyond a formal notice to vacate. Operators who wish to preserve this option generally review their lease agreements to confirm that no clause contradicts or waives the double-rent remedy before issuing a written notice specifying a clear vacate date. Keeping documentation of the notice, its delivery, and the tenant's continued possession helps establish the timeline from which the doubled rate would apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-8-45, a tenant who remains in a unit after a fixed-term lease ends and after receiving a landlord's notice to vacate may be charged up to double the regular rent for each period of continued occupancy. Tenants in this situation may want to review their lease to determine whether it contains any language that limits or contradicts this double-rent charge, since the statute only allows the penalty when the agreement does not prohibit it. Consulting a tenant-rights organization or legal aid service can help clarify how this provision applies to a particular lease and what options may be available.
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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