Understanding Eviction Notices in Mississippi
Landlords in Mississippi must serve tenants with a written eviction notice before filing in court. The notice must explain the reason for eviction and give the tenant time to fix the issue or move out.
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Types of Eviction Notices in Mississippi
Mississippi landlords must choose the correct eviction notice depending on the lease violation or reason for terminating the tenancy. Each notice has a required time period under state law.
3-Day Notice to Quit for Non-Payment
Use this notice if a tenant has not paid rent. Under Mississippi Code Section 89-7-27, landlords must give three days’ notice before filing for eviction due to non-payment.
3-Day Notice to Quit for Non-Payment
Issue this 3-day notice for rent non-payment, allowing tenants to pay or vacate before eviction proceedings begin.
14-Day Notice to Quit for Non-Compliance
Use this notice when a tenant violates the lease agreement, such as damaging the property, violating community rules, or having unauthorized occupants. Tenants have 14 days to fix the issue or leave the unit under MS Code § 89-8-19.
14-Day Notice to Quit for Non-Compliance
Issue this notice for lease violations, giving tenants time to remedy or vacate, enforcing lease terms effectively.
30-Day Lease Termination
Landlords must give tenants 30 days’ written notice to end a month-to-month lease without cause. This is required under MS Code § 89-8-19 and applies to no-fault, at-will tenancies.
30 Day Lease Termination
Use this notice to formally terminate month-to-month tenancies, ensuring legal compliance and positive tenancy conclusions.
How to Evict a Tenant in Mississippi
Evictions in Mississippi follow the process outlined in MS Code Title 11, Chapter 19. Landlords must first serve a valid written notice. If the tenant does not respond or vacate, the landlord may file an eviction lawsuit in court.
Step 1: Provide the Correct Notice to the Tenant
The landlord will provide the notice that applies to the tenant’s situation. Mississippi eviction notices provide tenants either 3, 14, or 30 days to respond, depending on the reason for the notice. A late rent notice, for example, gives tenants three days to pay rent or vacate the property.
The landlord must wait the required time to allow the tenant to either correct (or “cure”) the breach of the rental agreement or move out.
Step 2: File the Eviction With the Appropriate Mississippi Court
The landlord will file a complaint for eviction and provide any notices they provide to the tenant. Then, the court will issue a summons that must also be served on the tenant.
Step 3: The Tenant Will Answer and Appear at the Hearing
The tenant can answer on paper, but should also appear at the eviction hearing. At the hearing, the landlord and the tenant can present their case to a judge.
Step 4: The Judge Issues an Opinion
The judge will either enter a judgment in favor of the landlord or dismiss the case. The judge’s decision may be made at the hearing or a few days or weeks afterward.
Step 5: Remove the Tenant From the Property
If the judgment is in favor of the landlord, then the landlord can coordinate with the local sheriff to have the tenant removed from the property.
Related Mississippi Court Forms
Individual counties in Mississippi may have their own eviction forms. The forms listed below are simply examples of what these forms may look like. Check with your local area to find forms that apply to your county and eviction type.
- Complaint for Eviction: This form provides a basic outline of the information needed to start eviction if the tenant hasn’t paid rent. This sample is for Rankin County, Mississippi.
- Complaint for Breach of Lease: This form provides space to provide information about the lease violation when it is not related to late rent. This sample is for Rankin County, Mississippi.
- Answer Form (General): A tenant can use this form to answer an eviction complaint.
