Landlord-tenant disputes are among the most common real estate legal matters in North Mississippi. Whether you are a landlord dealing with a non-paying tenant, a property damage claim, or a lease violation, or a tenant facing an improper eviction, withheld security deposit, or uninhabitable conditions, the outcome of these disputes affects your finances and your property rights in meaningful ways. At Tollison & Webb P.A., we represent both landlords and tenants in disputes throughout North Mississippi, handling eviction proceedings, lease enforcement, and claims for damages on both sides of the landlord-tenant relationship.

Eviction Proceedings in Mississippi

Eviction in Mississippi, formally called an unlawful detainer action, is the legal process by which a landlord removes a tenant from a rental property. Mississippi law requires landlords to follow specific procedural steps before obtaining a court order for possession, and failure to follow these steps can result in the eviction being dismissed and having to start the process over. We handle eviction proceedings for landlords efficiently and correctly, ensuring the required notices are properly served and the court filings meet the applicable requirements.

Non-Payment of Rent

Non-payment of rent is the most common ground for eviction in Mississippi. Before filing an eviction action, a landlord must provide the tenant with written notice demanding payment or possession within a specified period. If the tenant fails to pay or vacate, the landlord may file an unlawful detainer action in Justice Court. We handle non-payment evictions for residential and commercial landlords, moving through the process efficiently to minimize the period of lost rent and restore possession as quickly as the law allows.

Lease Violations

Tenants who violate lease terms other than non-payment, such as unauthorized occupants, prohibited pets, damage to the property, or illegal activity on the premises, may be subject to eviction on those grounds. The required notice period and the landlord’s options vary depending on the nature of the violation and the terms of the lease. We advise landlords on the correct procedure for addressing lease violations and handle eviction proceedings when the tenant fails to cure the violation or vacate.

End of Tenancy

When a lease expires or a month-to-month tenancy is properly terminated and the tenant refuses to vacate, the landlord may pursue an eviction based on holdover tenancy. Mississippi law requires appropriate notice to terminate a periodic tenancy, and the notice requirements vary depending on the type of tenancy and the terms of the lease or rental agreement. We handle holdover evictions for landlords whose tenants have refused to leave after the tenancy has been lawfully terminated.

Security Deposit Disputes

Security deposit disputes are one of the most frequent sources of conflict between landlords and tenants after a tenancy ends. Mississippi law governs the landlord’s obligations regarding security deposit handling and return, including the requirement to provide an itemized accounting of any deductions within a specified period after the tenant vacates. Landlords who fail to comply with these requirements may forfeit their right to make deductions and face liability for the full deposit amount. Tenants whose deposits are wrongfully withheld have legal recourse to recover them. We represent both landlords defending security deposit claims and tenants seeking the return of deposits that were improperly retained.

Habitability and Property Condition Disputes

Mississippi law imposes a warranty of habitability on residential landlords, requiring them to maintain rental properties in a condition fit for human habitation. When a landlord fails to address serious maintenance issues that affect health and safety, including significant plumbing failures, heating and cooling deficiencies, structural problems, and pest infestations, tenants may have legal remedies including rent withholding in appropriate circumstances, repair and deduct rights, and claims for damages. We advise tenants on their rights when a landlord is not maintaining a property and represent landlords defending against habitability claims they believe are overstated or legally insufficient.

Commercial Lease Disputes

Commercial landlord-tenant disputes involve a different legal framework from residential matters. Commercial leases are typically more complex, the parties have greater freedom to negotiate terms, and the stakes are higher given the investment both parties make in a commercial tenancy. We handle commercial evictions, commercial lease enforcement actions, disputes about tenant improvements and property condition, and other commercial landlord-tenant matters for both property owners and business tenants throughout North Mississippi.

Frequently Asked Questions

Can I change the locks or remove a tenant’s belongings to force them out?

No. Self-help eviction, meaning any action by a landlord to remove a tenant without going through the court process, is illegal in Mississippi regardless of how clear-cut the landlord’s right to possession may be. Changing locks, removing belongings, shutting off utilities, or otherwise attempting to force a tenant out without a court order exposes the landlord to liability for damages. The only legal way to remove a tenant who refuses to leave is through the court eviction process.

How long does an eviction take in Mississippi?

The timeline depends on the grounds for eviction and whether the tenant contests the proceeding. An uncontested eviction for non-payment of rent can move relatively quickly once the required notice period has passed and the court filing is made. A contested eviction or one involving more complex facts will take longer. We move eviction matters forward as efficiently as the law allows and keep landlord clients informed of the timeline at every stage.

What can a landlord deduct from a security deposit in Mississippi?

A landlord may deduct from a security deposit for unpaid rent, damage to the property beyond normal wear and tear, cleaning costs if the tenant left the property in an unacceptably dirty condition, and other amounts specifically permitted by the lease. Normal wear and tear, meaning the gradual deterioration that occurs through ordinary use of the property, cannot be charged against the security deposit. The distinction between damage and normal wear and tear is frequently disputed and is often the central issue in security deposit litigation.

What are my rights as a tenant if my landlord won’t make repairs?

If your landlord is failing to maintain the property in a habitable condition, you may have the right to withhold rent, make repairs and deduct the cost from rent, or terminate the lease depending on the severity of the condition and the specific circumstances. These remedies have procedural requirements that must be followed to be effective, and not every maintenance complaint rises to the level that triggers them. We advise tenants on whether their situation meets the legal threshold and what steps to take to protect their rights.

Do I need a written lease to have legal rights as a landlord or tenant?

No. A written lease is strongly advisable because it documents the agreed terms and reduces the likelihood of disputes, but oral rental agreements are legally enforceable in Mississippi. The absence of a written lease makes it harder to establish what the parties agreed to, but it does not eliminate the legal relationship or the rights and obligations that come with it. We advise both landlords and tenants who are operating without written leases on what their rights are and how to document the tenancy going forward.

Contact a Real Estate Litigation Attorney in North Mississippi

If you have a landlord-tenant dispute in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.