A Mississippi eviction notice is used by landlords aiming to begin the tenant eviction proceedings due to lease agreement violations. The document must be written according to Mississippi state law and allow tenants the legally required amount of time to respond or move out. An eviction notice in Mississippi provides vital information about why the default has occurred and how long the tenant has to correct the problem.
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Download a free eviction notice customized for Mississippi state law below in MS Word (.docx) or Adobe PDF format.
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).
How to Evict a Tenant in Mississippi
In Mississippi, eviction lawsuits are governed by Title 11, Chapter 19 of the Mississippi Code.
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 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 they 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 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 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.