Landlord and Artisan Liens

"Except as otherwise provided in Section 85-7-107 (regarding liens on motor vehicles), any article constructed, manufactured or repaired for any person shall be liable for the price of the labor and material employed in constructing, manufacturing or repairing the same. The mechanic to whom the price of said labor and material is due shall have the right to retain possession of such things so constructed, manufactured or repaired until the amount due is paid. If the amount due is not paid in thirty days, a suit may be commenced for an order for the sale of the property retained in his possession. Miss. Code Ann. § 85-7-101.

An owner has a lien on personal property located at a self-storage facility for rent, late fees, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition. The lien is superior to any other lien or security interest except those which are perfected and recorded in Mississippi prior to the date of default under the rental agreement and except any tax lien as otherwise provided by law. Miss. Code Ann. § 85-7-123

All contractors, subcontractors and materialmen furnishing material for the improvement of real estate; all registered architects or professional engineers furnishing plans, drawings, designs, or other architectural or engineering services on or with respect to any real estate; and all registered land surveyors performing or furnishing services on or with respect to any real estate have a special lien on the real estate or other property for which they furnish labor, services or materials. Miss. Code Ann. § 85-7-403

Every lessor of land shall have a lien on the agricultural products of the leased premises to secure the payment of the rent and of money advanced to the tenant, and the fair market value of all advances made to the tenant for supplies. All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises is subject to a lien in favor of the lessor to secure the payment of rent. Miss. Code Ann. § 89-7-51."

When a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a security interest, a lien upon goods in the possession of such person given by statute or rule of law for such materials or services takes priority over a perfected security interest unless the lien is statutory and the statute expressly provides otherwise. Miss. Code Ann. § 75-9-310 ("Priority of Certain Liens Arising by Operation of Law"). A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise. A "possessory lien" includes an interest, other than a security interest or an agricultural lien, which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business. Miss. Code Ann. § 75-9-333 ("Priority of certain liens arising by operation of law"). Landlord Lien Additional Statutes: No goods or chattels, lying or being in or upon any lands leased or rented for years, at will, or otherwise, shall at any time be liable to be taken by virtue of any writ of execution, or other process whatever, unless the party so taking the same shall, before the removal of the goods or chattels from such premises, pay or tender to the landlord or lessor thereof, all the unpaid rent for the said premises, whether the day of payment shall have come or not, provided it shall not amount to more than one year's rent. Miss. Code Ann. § 89-7-1 ("Removal of goods"). All articles of personal property, except a stock of merchandise sold in the normal course of business, owned by the lessee of real property and situated on the leased premises shall be subject to a lien in favor of the lessor to secure the payment of rent for such premises as has been contracted to be paid, whether or not then due. Such lien shall be subject to all prior liens or other security interests perfected according to law. No such articles of personal property may be removed from the leased premises until such rent is paid except with the written consent of the lessor. Miss. Code Ann. § 89-7-51(2) ("Lessor's lien on agricultural products and personal property"). Additional Comments: The landlord may issue distress warrants by filing a complaint, affidavit and bond to perfect the lien. The statutes authorizing this procedure (Miss. Code Ann. § 89-7-55 et. seq.) do not provide for notice to the tenant or a pre-seizure hearing. Such statutes have been struck down in other states but have not been constitutionally challenged in Mississippi. The better practice is to give notice and force the tenant to prove the payment of rent.