Mississippi Eviction Process & Laws | Free MS Eviction Notices

A Mississippi eviction is a legal process that starts with notice being given to the tenant of the landlord's intention of: cancelling their month to month lease, notifying that they are late on rent, or the attention of a noncompliance. If the tenant responds and cures the latter, they are fine to continue under the terms of their lease. If they do not respond and do not vacate by the end of the period then they are subject to the landlord filing a Petition, Summons, and the Notice to Quit (attached) at a County Court Location. The defendant may use the Tenants' Rights' Packet in order to inform themselves about the process.

NonPayment Laws - 3 days § 89-7-27

NonCompliance Laws - 14 days to cure the issue, 30 days to vacate (if not cured) § 89-8-13

Month to Month Laws - 30 days § 89-8-19

Unlawful Entry and Detainer Laws - Title 11, Chapter 25

Types of Notice

Mississippi 14/30 Day Notice to Comply or Quit | NonCompliance

The Mississippi 14/30 day notice to comply or quit, in use with § 89-8-13, allows a landlord to inform a tenant that they are in violation of their lease agreement. If they do not cure the issue within the initial fourteen (14) days, they will be subject to move-out by the…

Mississippi 3 Day Notice to Pay or Quit | NonPayment of Rent

The Mississippi three (3) day notice to pay or quit, referencing law § 89-7-27, is to be served to a tenant that has failed to pay rent. The landlord must serve the notice and allow the tenant three (3) full days to pay the rent before an eviction action can be…

The Mississippi 30 Day Notice to Terminate Month to Month Tenancy

The Mississippi thirty (30) day notice to quit month-to-month tenancy, subject to § 89-8-19, is a form that can be used by both the landlord or tenant to inform one another of their intention to terminate the monthly rental agreement. The notice provides either party with thirty (30) days notice of the…

Process How to Evict a Tenant

The Mississippi eviction process typically starts when the landlord notifies the tenant that their lease is being terminated, their rent is past due, or they are in breach of the lease/rental agreement. Mississippi allows “self-help evictions” only when the lease agreement explicitly grants the landlord that power, and only if the eviction can occur without “breach of the peace.” Initial (written) notice must be given to the tenant before the actual eviction takes place. There are three main types of notices that are used to initiate the eviction process: 14/30 day notice to cure/quit, three (3) day notice to pay/quit, and the 30 day lease termination notice. The 14/30 day notice is used to notify a tenant that they have committed a lease violation and that they have 14 days to cure (i.e. fix) that violation, otherwise they must vacate the rental property by the end of the 30th day (past the date of receiving the notice). The three (3) day notice to pay/quit informs the tenant that they must pay the past due amount of rent, or move out, within three days. The 30 day termination notice is used to inform the tenant of the landlord’s intention to terminate the month-to-month lease/rental agreement.

Step 1 – The first step of the Mississippi eviction process is for the landlord to serve the proper notice to the tenant. The notice must state how long the tenant has to pay rent/cure the lease violation(s).

Note: If the tenant is in serious breach of the agreement, and the violation(s) are a major safety hazard, no notice is required.

Step 2 – If the tenant fails to comply with the notice within the specified time period, the landlord can terminate the lease agreement and file an eviction action in court.

Note: If the tenant pays the full past due amount before a judgement is made in court, the landlord cannot continue with the eviction lawsuit.

Step 3 – After the eviction action is filed in district court, the tenant will be served with a summons/complaint. The summons will inform the tenant when the hearing/trial date is. The complaint will contain information regarding the eviction action (such as the demands of the landlord).

Step 4 – Go to court on the date specified in the summons. Bring all relevant documentation, evidence, and witnesses (if applicable). If a ruling is made in favor of the landlord, the tenant will be required to move out within a certain period of time (and may be ordered to pay for all back rent as well as the landlord’s legal fees).

Note: Both the landlord and the tenant must show up to court on the date provided in the summons.