Tunica, MS asked in Gov & Administrative Law for Mississippi

Q: How many days is the maximum stay in Mississippi before the guest can be consider as a resident?

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1 Lawyer Answer
Bradley M. Glaze
Bradley M. Glaze
  • Madison, MS
  • Licensed in Mississippi

A: There is no maximum or minimum number of days that a guest (person) can stay in Mississippi to be considered a resident. Residency is defined by various Mississippi statutes for different purposes. For example, there are tax statutes that define residency requirements for tax purposes, election statutes that define how long a candidate must live in the state to be a resident for the purpose of running for elected office, and various other residency statutes. The Mississippi Supreme Court has stated "The defining characteristics of a resident are (1) presence and (2) intent to remain for some time. Johnson v. Preferred Risk Auto. Ins. Co., 659 So.2d 866, 872 (Miss. 1995). The word "resident" means one having more than physical presence. The transient visit of a person for a time to a place does not make him or her a resident while there." It is unlikely that a person staying as anyone's guest in Mississippi (that is, just visiting) would be able to meet any of the residency requirements; however, if the person were staying with someone in Mississippi, and has the intent to stay or "reside" in Mississippi, the residency requirements could be met, regardless of the number of days. It is a fact specific determination, so you should consult an attorney to help you analyze the specific facts of your situation.

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