2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 7 - Landlord and Tenant
§ 89-7-63. Form of affidavit

Universal Citation: MS Code § 89-7-63 (2017)
  • The affidavit for an attachment for rent and supplies, or either, may be in the following form, viz.:
    • "State of Mississippi,

      ____ County.

      "Before me, ____, a justice of the peace of the County of ____, came ____,

      who, being duly sworn, says on oath: That ____ [the tenant] is indebted to him

      [or if the affidavit be made by an agent or attorney, strike out 'him' and

      insert the name of the landlord or person to whom the rent is due, and add

      after the landlord's name, 'of whom the affiant is agent'] in the sum of ____

      dollars for rent in arrears [or if the rent be not due, strike out the words

      'in arrears,' and insert 'to become due on the ____ day of ____, A.D. ____']

      by virtue of a lease for the term commencing on the ____ day of ____, A.D.

      ____, and ending on the ____ day of ____, A.D. ____ of land situated in ____

      County, and described as [here describe the leased premises; it is well to

      describe by name, if it has one, or by its occupants, and if such be the case

      it would be well to say 'and occupied by said ____, tenant, during the year

      ____'].

      "And the said ____, the tenant, is further indebted to affiant [or if the

      oath be made by an agent or attorney, strike out 'affiant' and insert the name

      of the landlord or person to whom the debt is due] in the further sum of ____

      dollars, now due [if the debt be not due, strike out the words 'now due,' and

      insert 'to become due on the ____ day of ____, A.D.'] ____ of which supplies a

      bill of particulars is attached hereto. Affiant [or if made by an agent or

      attorney, say 'affiant's said principal'] claims a lie the following

      agricultural products raised during the year ____, on the said leased premises

      [here describe the products, giving their location, if known, for the

      officer's guidance].

      "Sworn to and subscribed before me, this the ____ day of ____, A.D. ____

      ____, J.P."

      • (a) If the attachment be for rent only, strike out all relating to supplies; and if the claim be for supplies only, strike out all relating to the sum due for rent, and alter the form to suit the case.
      • (b) If the claim be not due, add to the form the following words: "And affiant has just cause to suspect, and does verily believe that the said tenant will remove [or has removed, as the case may be] his effects from said leased premises before said claim [or claims] be or shall become due, so that a distress or seizure cannot be made therefor, or so as to impair the landlord's lien on the agricultural products raised on the premises."
      • (c) If the rent be for part of the crop, or other thing than money, the affidavit should state it as it is, giving the money value of what is due.
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