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Lawmakers working to fix unconstitutional eviction law

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Lawmakers working to fix unconstitutional eviction law by reinstating grace period

Mississippi lawmakers are working to revise the state’s eviction law after a federal judge recently ruled it unconstitutional.

Rep. Nick Bain, R-Corinth, authored the new bill — which gives tenants a seven-day grace period after a judge orders their removal — to rectify issues with the current statute.

The bill also allows tenants who are being evicted because they are behind on rent to stay in their home if they pay all past due rent and fees by the court-ordered move out date, something that was not guaranteed in the existing law.

Currently, Mississippi’s law offers no grace period to tenants, which means that a renter may be forced out of their home on the day they lose in court, but also that a landlord may immediately seize all their belongings.

“If we don’t pass it, we will not have a constitutional eviction statute in Mississippi,” Bain said. “So it attempts to do that, puts a Band-Aid, and I think there’s going to be, maybe next session, a broader bill to address landlord-tenant altogether.”

Bain’s bill has passed the House and is awaiting full Senate approval.

U.S. District Judge Michael Mills ruled the law unconstitutional in November after a landlord in north Mississippi used it to justify taking everything Samantha Conner, a low-income single mom, owned.

READ MORE: ‘All of this is mine’: In Mississippi, landlords legally snatch all belongings from tenants during an eviction

Mills put a stay on his decision to give lawmakers time to revise the law before it would be struck down altogether.

“It’s something we’ve got to do or nobody’s going to be getting evicted,” Bain said.

Mississippi has some of the highest eviction rates in the nation. In Jackson, the capital city, between seven and eight families are evicted from their homes every day, according to 2016 data, the most recent available, gathered by the Princeton University-based research group the Eviction Lab. Of all large cities in the nation, Jackson had the fifth highest eviction rate that year.

In 2019, the Legislature revised the law to give even fewer protections to tenants facing an eviction, making the Mississippi’s Landlord-Tenant Act the harshest in the nation.

The revisions came with what Judge Mills called “unpredictable and absurd results” because of some landlords’ severe interpretation of the law.

The law reads, “If the judge grants possession of this premises to the landlord and you do not remove your personal property, including any manufactured home, from the premises before the date and time ordered by the judge, then the landlord may dispose of your personal property.”

Many states Landlord-Tenant statutes across the country spell out what landlords may do with a renter’s left-behind belongings, a necessary legal guideline in the case of abandoned property. But Conner’s apartment manager, Kevin Casteel, used the law to prevent Conner from taking her belongings as she left her apartment on the day of her removal.

“That’s a common occurrence with a lot of the laws that we pass, is you have these bad actors who unfortunately sometimes cause the whole state to pay the price, or innocent people to pay the price,” Bain said.

Conner’s lawsuit, which asks the judge to award her damages considering all that she lost, including family photos and keepsakes that cannot be replaced, is still pending. But knowing that her efforts resulted in changes to state law is part of her victory, Conner said.

“I think that this is going to enable people and may give other people the courage to be able to go forward and maybe seek out some justice,” Conner told Mississippi Today in December. “… They can use this law now to say that, ‘Hey, you cannot do this to people.’ People matter. We have feelings.”

Bain said the Legislature may look at a bigger overhaul of Mississippi’s complex, hodge-podge eviction statute next year. The law is supposed to provide a consistent framework for how renter removals work across the state: How many days after a missed rent due date a landlord may file an eviction, notice requirements, and how long after a court judgement a landlord can file a warrant of removal.

But tenants, landlords and judges have faced confusion about Mississippi’s law, and differing interpretations have caused varying outcomes for renters across the state.

“It’s a cumbersome, a very clunky, for lack of a better word, clunky statute,” Bain said.

READ MORE: Federal judge finds Mississippi eviction law unconstitutional after ‘Kafkaesque nightmare’ removal

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi News

Ole Miss women get pair of double-doubles and roll to 83-65 March Madness win over Ball State

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www.wjtv.com – The Associated Press – 2025-03-22 09:03:00

SUMMARY: Mississippi coach Yolett McPhee-McCuin found solace in returning to a different arena in Waco, Texas, following a disappointing previous tournament experience. The No. 5 seed Ole Miss Rebels redeemed themselves with an 83-65 victory over 12th-seeded Ball State in the NCAA Tournament’s first round. Starr Jacobs led the Rebels with 18 points and 11 rebounds, while Kennedy Todd-Williams and Madison Scott each scored 15 points. Ole Miss dominated rebounding, leading 52-32, and will face fourth-seeded Baylor next. Coach McPhee-McCuin noted the team’s evolution since their last visit and the significance of playing in Texas, where Jacobs feels at home.

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Mississippi News

Events happening this weekend in Mississippi: March 21-23

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www.wjtv.com – Kaitlin Howell – 2025-03-21 08:59:00

SUMMARY: This weekend (March 21-23), Mississippi offers a range of exciting events. Highlights include Hal’s Marching MALfunction Second Line Stomp and Jessie Robinson’s blues performance in Jackson, as well as the Natchez Food & Wine Festival and the Natchez Little Theatre’s production of *This Side of Crazy*. There are also numerous exhibitions like *Of Salt and Spirit: Black Quilters in the American South* in Jackson and *Gold in the Hills* in Vicksburg. Other events include the 48th Annual Crawfish Classic Tennis Tournament in Hattiesburg, karaoke nights in Laurel, and a variety of family-friendly activities across the state.

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Mississippi News

Events happening this weekend in Mississippi: March 14-16

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www.wjtv.com – Kaitlin Howell – 2025-03-14 07:26:00

SUMMARY: This weekend (March 14-16) in Mississippi offers a variety of events. In Jackson, iconic saxophonist Boney James performs at the convention center, while the JXN Food & Wine festival showcases culinary talents. The LeFleur Museum District hosts a “Week of Wonder,” and several exhibitions, including “Of Salt and Spirit,” celebrate Black quilters. Natchez features the Spring Pilgrimage tours, a reenactment of Annie Stewart’s story, and a St. Patrick’s Day celebration. In Hattiesburg, comedian Rob Schneider performs, and various events like a St. Patrick’s Day pub crawl and a talent show will take place throughout the area.

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