Section 89-7-35 - Nonresidential evictions; order to vacate; setting of move-out date; warrant for removal; tenant's reasonable access to premises after the warrant of removal has been executed; disposal of abandoned property; warrant of removal not issued under certain circumstances; landlord's duty of good faith(1) If a judgment of possession is granted to the landlord, either after a hearing or by default judgment, then the judge shall order the tenant to vacate the premises in seven (7) days from the date of the judgment, unless the court finds that a shorter or longer period of time is justified because of an emergency or other compelling circumstances.(2) Prior to the court-ordered move-out date, the tenant shall have the same access to the premises as previously allowed under the terms of the rental agreement. Unless the judge has made some other finding regarding property at the premises, the tenant may remove its property during this time. If the tenant has vacated the premises by the court-ordered move-out date, then the landlord may dispose of any property, not addressed by the court, which the tenant leaves behind without further notice to the tenant.(3) After the court-ordered move-out date, the landlord may request a warrant for removal. Upon such request and the payment of applicable fees, the judge shall, except as otherwise prohibited under subsection (5) of this section, immediately issue a warrant to the sheriff or any constable of the county in which the premises, or some part thereof, are situated, immediately commanding the sheriff or constable to remove all persons from the premises, and to put the landlord into full possession thereof.(4) Unless the judge has made some other finding regarding property at the premises, the landlord shall allow the tenant reasonable access to the premises for seventy-two (72) hours after the warrant for removal has been executed to enable the tenant to remove the tenant's property, including any manufactured home. All property the tenant leaves on the premises seventy-two (72) hours after the execution of the warrant for removal shall be deemed abandoned and may be disposed of by the landlord without further notice or obligation to the tenant.(5) In cases in which the possession judgment is based solely on the tenant's nonpayment of rent, the judge shall not issue a warrant for removal, on or before the court-ordered move-out date, if the tenant has paid in full all unpaid rent and other sums owed pursuant to the judgment. A landlord has an obligation of good faith to accept full payment of all sums owed pursuant to the money judgment entered if so tendered on or before the court-ordered move-out date.Codes, 1857, ch. 41, art. 31; 1871, § 1651; 1880, § 1337; 1892, § 2551; 1906, § 2889; Hemingway's 1917, § 2387; 1930, § 2230; 1942, § 952.Amended by Laws, 2022, ch. 501, SB 2461,§ 17, eff. 4/21/2022.Amended by Laws, 2019, ch. 386, SB 2716,§ 2, eff. 3/22/2019.Amended by Laws, 2015, ch. 395, HB 711, 2, eff. 7/1/2015.