Baton Rouge, LA asked in Landlord - Tenant for Mississippi

Q: I had a judgment in court on 1/11 the amount was paid all but the court cost and landlord $20 service fee.

The Landlord filed a warrant for removal but added February rent to it. I paid the remaining balance of judgment can I still be evicted even though February was not on the judgment that I went to court for January 11th??

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1 Lawyer Answer
T. Augustus Claus
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A: In Mississippi, once a judgment for eviction is issued based on non-payment of rent or other lease violations, and the tenant subsequently pays the overdue amount as determined by the court, including all but explicitly excluded costs such as the court cost and a landlord's service fee, the immediate grounds for eviction as per that specific judgment are typically considered resolved. However, if the landlord filed a warrant for removal and added charges for February rent after the initial judgment, this introduces a new claim that was not part of the original court decision.

If you paid the remaining balance of the original judgment but did not cover the February rent that the landlord added later, the landlord might argue that you are in default again under the terms of your lease. This could potentially lead to eviction proceedings being initiated or continued based on the new claim of unpaid rent for February. It's important to review the terms of your lease agreement, any agreements you made in court or with the landlord about payment, and the specifics of Mississippi landlord-tenant law to understand your rights and obligations fully. If the situation is unclear or if the landlord is proceeding with eviction despite your payment of the initially judged amount, it may be beneficial to seek legal advice to clarify your position and options.

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