Mississippi squatters rights make for a landlord’s worst nightmare. Learning that someone has been residing unauthorized on one’s property is bad enough. Even worse, the original owner might discover that the squatter can lay legal claim to their property through a process known as adverse possession.
Alarming as this situation may seem, landlords in Mississippi can take several preventative measures to handle squatters. Here, we’ll review Mississippi landlord-tenant laws and the state’s adverse possession regulations.
Read on to learn what you need to know about squatters rights in Mississippi.
Trespassers vs. Squatters
Trespassers and squatters might seem similar on a surface level — after all, both have an unauthorized presence on a property. However, trespassers only spend brief amounts of time on the property, do not receive squatters rights, and may be removed immediately by law enforcement.
On the other hand, squatters treat the property as their own. They must improve the property in some way and pay property taxes, which grants them squatter rights. As a result, property owners can only remove squatters via a formal eviction process.
Legality of Squatting in Mississippi
Under Mississippi law, squatting and adverse possession are both legal. However, squatting carries potential consequences, as squatters could be charged with breaking and entering or trespassing.
Because squatters are much more difficult to remove than trespassers, landlords should always attempt to remove any unauthorized residents as soon as they discover them. If not, trespassers may be able to establish a foothold long enough to claim squatters rights and, eventually, adverse possession.
While the concept of squatters rights may seem absurd, these laws promote the original owner’s active use of their property. Should the original owner continue to use the property actively, most squatters will struggle to build a case for adverse possession or squatters rights.
Squatters Rights and Adverse Possession Laws in Mississippi
Adverse possession describes how a squatter can legally claim property in Mississippi after a certain period of unauthorized residence. Because adverse possession laws vary from state to state, landlords should be thoroughly aware of Mississippi’s particular laws.
How Mississippi Squatters Can Legally Claim Property Through Adverse Possession
As mentioned, if a squatter successfully completes an adverse possession claim, they can take legal ownership of the property despite paying no money to the original owner.
While this possibility might rightfully appall property owners, squatters must fulfill a very specific set of parameters in order to claim Mississippi squatters’ rights and adverse possession. These terms can be difficult to complete and even more difficult to prove.
To claim a property through adverse possession, a squatter’s residence must be:
- Open and notorious: A squatter’s residence must be conducted openly without concealment so that the property owner or passersby could easily notice.
- Hostile: The squatter must act against the property owner’s rights and cannot be permitted to live on the property.
- Continuous: The squatter must reside on the property for a continuous period of time without any extended absences.
- Exclusive: The property cannot be shared with other residents — only the squatter may reside there.
- Actual: The squatter must actively live on the property full-time for the required period.
Additionally, squatters in Mississippi must reside on the property for one of the following time periods:
- 10 years while paying property taxes for two years (Miss. Code § 15-1-13, 15-1-15)
- 25 years for 16th Section Lands (Miss. Code § 29-3-7)
Each time requirement is mutually exclusive, so squatters must only fulfill one of these parameters. However, they must fulfill all of the above (open, hostile, continuous, etc.) occupancy requirements to claim adverse possession successfully.
The good news is that adverse possession claims that do not fulfill all necessary conditions will likely fail in court. The burden of proof falls on the squatter, who must thoroughly document how their residence meets all of the requirements for adverse possession.
The squatter will likely lose their case without sufficient evidence, and possession will return to the original property owner.
Landlord Rights & Responsibilities
While Mississippi squatters rights may cause trouble for property owners, landlords also have certain rights in squatter situations. They have the right to evict squatters and contest claims of adverse possession. Once squatters have been evicted, landlords have the right to secure the property against the squatter’s return.
That said, landlords must also fulfill their responsibilities as property owners to prevent squatters rights from taking hold in the first place. These responsibilities require landlords to check on and maintain their properties and promptly act against unauthorized residents. Finally, landlords must utilize a formal eviction process to remove squatters.
Squatters Rights & Responsibilities
Mississippi squatters rights entitle them to several privileges, including the right to a formal eviction process, the right to claim adverse possession (after fulfilling the above legal requirements), and the right to defend their adverse possession claim in court.
To receive these rights, however, squatters in Mississippi must document how their residence meets the necessary conditions for squatting rather than trespassing. Additionally, squatters must abide by all legal decisions, including evictions and denial of adverse possession claims.
How to Evict Squatters in Mississippi
Mississippi squatters rights require property owners to undertake the state’s typical eviction process to remove these unauthorized occupants. Landlords must go through the following steps:
- Serve notice to the squatter three to 14 days in advance (Miss. Code § 89-8-13). Immediate notice to quit may be used for substantial violations (Miss. Code § 89-8-19)
- File an eviction lawsuit in court (Miss. Code § 89-8-33).
- The court serves a summons to the squatter (Mississippi Rules of Civil Procedures, Rule 4(h))
- The landlord and squatter attend a hearing; receive judgment (Miss. Code § 89-8-37)
- The court orders the squatter to move out within 7 days (Miss. Code § 89-8-39(1))
- A sheriff forcibly removes the squatter (Miss. Code § 89-8-39(2))
Alternatively, landlords who do not wish to undertake these proceedings may enter into a cash-for-keys agreement with squatters. This arrangement allows landlords to speed up the squatter removal process but could become costly if squatters demand more money in exchange for vacating the premises.
Notably, Mississippi only permits self-help evictions, such as lockouts and utility shutoffs, if the lease agreement expressly grants that right and landlords can complete the eviction without breaking the peace.
Because leases do not exist in squatter situations, undertaking a self-help eviction could lead to legal problems for landlords.
Legal Help for Landlords in Mississippi
Property owners dealing with Mississippi squatters rights don’t have to face these issues alone. Several legal resources within the state can assist landlords in getting rid of squatters and defeating adverse possession claims:
- Mississippi Center for Legal Services: Law firm providing high-quality civil assistance to low-income individuals
- MSLegalServices.org: A guide for low-income and senior citizens to find civil legal aid in the state of Mississippi
- Mississippi Access to Justice Commission: Offers legal resources for those who do not need or want a lawyer
- EZ Evict USA: handles evictions on the landlord’s behalf
Preventing Future Squatter Situations
While landlords have some means of recourse in dealing with squatters, property owners should ideally prevent squatter situations before they take residence. Take the following tips into account to prevent squatters from taking up residence:
- Install security measures such as locks and gates to prevent easy property access
- Visit and maintain property frequently to ensure a squatter cannot establish a residence
- Employ a property manager to monitor the property if you cannot
- Ask neighbors to keep an eye on the property and monitor for signs of squatters
- Post ‘No Trespassing’ signs to discourage squatters and trespassers from entering
How Property Management Software Can Help
Whether you’re already facing issues with Mississippi squatters rights or you simply want to prevent squatters from entering in the first place, TurboTenant’s free property management software can help. Our features include:
- Rental advertising to quickly fill vacancies and thwart squatters
- Rental applications to minimize the amount of time a property is empty
- Tenant screenings to ensure you’re renting to trustworthy individuals
- State-specific lease agreements that landlords can customize to each property
For more information, sign up for a free TurboTenant account and make the most of our rental management features.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.