Renting a home that was foreclosed in Mississippi: your rights

Your rights as a renter in Mississippi, in order

1. The federal floor: 90 days and your lease

   At least 90 days after written notice

   The new owner after foreclosure must give a bona fide tenant written notice to vacate at least 90 days before the move-out date. A lease signed before the foreclosure can run to its end unless the buyer will live in the home, and that buyer still owes 90 days. You are not a bona fide tenant if you are the former owner's child, spouse or parent, or the rent is far below market without a subsidy. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220

2. Section 8 voucher holders

   For the rest of your lease

   The new owner takes the home subject to your lease and the housing assistance contract. Wanting to sell the home empty is not good cause to end your tenancy. Call your housing authority as soon as you learn of the foreclosure.

   42 U.S.C. § 1437f(o)(7)(C), (F)

3. Only a court can order you out

   After the notice period ends

   If you stay past the notice date, the new owner must file in court. Under the Mississippi landlord tenant act, the summons tells you that you are being sued for eviction and gives a hearing date. Go to the hearing and bring your lease, rent receipts and the notice you received.

   Miss. Code Ann. § 89-8-35

4. At least 7 days to move after a judgment

   7 days from the judgment, unless the judge orders otherwise

   If the court grants possession, the judge orders you to leave in 7 days unless an emergency or other compelling reason justifies a shorter or longer time. Only law enforcement can remove you, and posting the warrant on your door does not count as removal. After removal, the landlord must give you reasonable access for 72 hours to get your belongings.

   Miss. Code Ann. § 89-8-39

5. Paying what the court ordered can stop removal

   By the court-ordered move-out date

   If the judgment is based only on unpaid rent, the judge cannot issue a warrant for removal if you pay all rent and other sums in the judgment by the move-out date. Keep paying rent as your lease requires, ask the new owner in writing where to pay, and keep every receipt.

   Miss. Code Ann. § 89-8-39(4)

6. Utility money you paid your landlord

   Landlord has 60 days after the bill

   Since 2026, it is a crime for a person who collected utility money under a lease to knowingly fail to pay the utility within 60 days of getting the bill. If your service is threatened because your landlord stopped paying, call the utility and keep proof of what you paid the landlord for utilities.

   H.B. 1404 (2026), approved March 25, 2026

Common questions in Mississippi