A Mississippi eviction notice informs a tenant that they may be evicted from the rental unit if they don’t correct an issue with their tenancy or surrender possession of the property to the landlord. Stated in the notice is the duration in which the requirements must be satisfied; tenants have three (3) days to pay rent, fourteen (14) days to remedy a lease violation, and thirty (30) days to vacate following a notice to terminate a monthly tenancy.
No notice is required if the tenant commits a serious violation affecting the health and safety of the premises or anyone thereon. Only after the tenant fails to satisfy the notice terms may the landlord file an eviction lawsuit to recover possession of the property.
3-Day Notice to Quit for Non-Payment – Served on a tenant who hasn’t paid rent. Upon receipt of this notice, the tenant must either pay rent or vacate in three (3) days.
14-Day Notice to Quit for Non-Compliance – This notice informs a tenant that they have breached their rental terms and that they must either cure the breach or vacate in fourteen (14) days. If the tenant commits the same violation within six (6) months, the tenant will have fourteen (14) days to vacate without the option to cure.
Immediate Notice to Quit for Health and Safety Violation – Not legally required. Landlords can serve this notice to tenants to provide warning that an eviction lawsuit will be filed against them due to a health and safety violation.
30-Day Notice to Terminate Month-to-Month Lease – Used to terminate a periodic tenancy that renews on a month-to-month basis. The landlord or tenant must serve this notice to the other at least thirty (30) days before the intended termination date.
- Grace Period: Not mentioned in state statutes.
- Non Payment of Rent (§ 89-7-27): Three (3) Days
- Lease Non-Compliance (§ 89-8-13(3)): Fourteen (14) Days
- Lease Non-Compliance (2nd Violation) (§ 89-8-13(3)(b)): Fourteen (14) Days
- Health and Safety Violation (§ 89-8-19(4)): No Notice Required
- Periodic Tenancy Termination (§ 89-8-19(3)): Thirty (30) Days
Mississippi landlords can file for eviction after a tenant breaches the terms of their rental agreement, fails to pay rent on time, or unlawfully occupies the premises. Before filing, the landlord will need to serve the tenant with a written notice to quit stating the reason their tenancy is being terminated, what they can do to retain their lease (if the issue can be remedied), and the date by which they must either remedy the issue or vacate the property.
Step 1 – Draft a Notice to Quit
A notice to quit corresponding with the cause for termination must be prepared by the landlord. The following notices are applicable in Mississippi:
- 3-Day Notice to Quit for Non-Payment
- 14-Day Notice to Quit for Non-Compliance
- 30-Day Notice to Terminate Month-to-Month Lease
- Immediate Notice to Quit for Health and Safety Violation*
*No notice is required when evicting a tenant for a health and safety violation.
Step 2 – Deliver Notice to Quit
After the landlord prepares the notice to quit, it will need to be delivered to the tenant using any of the following methods: personal delivery, personal delivery to an occupant of the tenant’s dwelling who is thirteen (13) years of age or older, certified mail (return receipt requested). If the dwelling is unoccupied at the time of delivery, the notice may be posted to the front door.
Step 3 – File Complaint for Eviction
The tenant will be required to satisfy the notice requirements within the prescribed period. If the tenant doesn’t obey the notice terms, the landlord can proceed by filing a complaint with the local justice court. The complaint can be obtained at the courthouse (see samples for Rankin County: Complaint for Eviction (Non-Payment), Complaint for Eviction (Breach of Lease)). A Cover Sheet must accompany the eviction complaint, and there will likely be a filing fee charged upon submission.
Step 4 – Serve Summons
The court will issue a summons stating the date, time, and location of the eviction hearing, among other eviction information. The landlord must arrange to have a third-party serve the tenant with the summons along with a copy of the eviction complaint. After being served with the eviction papers, the tenant can deny the allegations made against them by filing an Answer with the court. Regardless of whether an Answer is filed, the tenant will still be required to appear in court for the eviction hearing.
Step 5 – Eviction Hearing
Both the tenant and landlord should prepare for the eviction hearing by gathering all relevant paperwork (e.g., notice to quit, lease agreement), receipts, photographs, and witnesses that might support their cases. The parties must appear in court on the date and time indicated on the summons. If either party fails to attend, the hearing will proceed and the court will likely rule in favor of the present party.
Step 6 – Evict Tenant
If the court rules in favor of the landlord, they will be awarded a judgment to recover possession of the premises. A Writ of Possession authorizing the eviction may be requested by the landlord no less than five (5) days after the judgment is made. If the tenant remains on the premises after the issuance of the Writ, the landlord must take the Writ to the sheriff’s office and ask to have the tenant evicted from the property. However, if the tenant prevails at the eviction hearing, they will be permitted to remain on the premises and continue their occupancy.
- Cover Sheet
- Signing: Landlord
- Signing: Tenant and Notary Public
- Complaint for Eviction (Non-Payment) – Sample for Rankin County
- Signing: Landlord and Notary Public
- Complaint for Eviction (Breach of Lease) – Sample for Ranking County
- Signing: Landlord and Notary Public
- Signing: N/A
- Writ of Possession
- Signing: N/A