If you’re a landlord seeking to evict a tenant, use a Mississippi (MS) eviction notice to begin the process. Your eviction notice must be written according to Mississippi state law, and give your tenant the legally required amount of time to respond or move out. An eviction notice provides vital information about why the default has occurred, and how long the tenant has to correct (or “fix”) the problem.
In Mississippi, eviction lawsuits are governed by Title 11, Chapter 19 of the Mississippi Code.
Eviction notices in Mississippi are also known as:
- Mississippi Notice to Vacate
- Mississippi Notice to Pay or Quit
- Mississippi Notice to Quit
- Mississippi Lease Termination
Mississippi Eviction Notices by Type
Download a free eviction notice customized for Mississippi state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Mississippi, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
14-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Mississippi, landlords must give tenants 14 days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Mississippi, landlords must give tenants three days to pay rent before they can terminate the lease and begin the eviction process in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Notice for Non-Payment of Rent: 3 days (§ 89-7-27)
- Service of Summons: The same as other summonses are served (§ 89-7-33)
- Notice for Year-Long Tenancy: 2 months (§ 89-7-23)
- Notice for Lease Termination (Month-to-Month Tenancy): 30 days (§ 89-8-19)
- Notice for Week-to-Week Tenancy: 1 week (§ 89-8-19)
- Threat to Health and Safety: Immediate, no notice is required when a tenant violation affects the health and safety of others. (§ 89-8-19)
What is the Eviction Process in Mississippi?
A tenant can only be removed from a property after the landlord wins an eviction proceeding in court. The eviction process usually involves the following steps:
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 an eviction, along with any notices that they provided 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 they should also appear at the eviction hearing . At the hearing, both the landlord and the tenant are able to 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 it can be made 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 the eviction process 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): This form can be used by a tenant to answer an eviction complaint.
Eviction Information for Mississippi Landlords and Tenants
Landlords can review this FAQ document prepared by the University of Mississippi School of Law Legal Clinic. The Mississippi Access to Justice Commission also provides a legal resources page that addresses housing issues in Mississippi that may be helpful to both landlords and tenants.
The U.S. Department of Housing and Urban Development also provides some helpful resources at their Mississippi website as well.