What Is a Mississippi Eviction Notice?
A Mississippi eviction notice is a legal document that you, as a landlord, deliver to a tenant to communicate that they need to leave the property. It’s used when a tenant fails to pay rent on time or violates the lease, such as by welcoming an unauthorized pet.
An MS eviction notice states that the tenant must remedy the issue or move out within a specific number of days. Even if they don’t comply with the notice, sending it is an essential first step. It’s the precursor to legally removing them from the property via the formal Mississippi eviction process.
Sending a Mississippi eviction notice may encourage the tenant to move out voluntarily. With a voluntary move-out, you can regain possession of the property and begin searching for a new tenant.
Types of Eviction Notices in Mississippi
Mississippi landlords must choose the correct eviction notice depending on the reason for eviction. Each notice has a required time period under state law. Explore the two eviction notice types in Mississippi, both of which Legal Templates’s guided form supports.
3-Day Eviction Notice in Mississippi (for Nonpayment of Rent)
MS Code § 89-8-13(5) states that you may send a 3-day notice to pay rent or quit in Mississippi if the tenant fails to pay rent on time. Upon receiving this notice, the tenant will have three days to pay rent or vacate the property. If the lease doesn’t have a grace period, you may send it immediately when rent becomes late.
3-Day Notice to Quit for Nonpayment
Issue this 3-day notice for rent nonpayment, allowing tenants to pay or vacate before eviction proceedings begin.
14-Day Eviction Notice in Mississippi (for Noncompliance)
A 14-day notice to quit for noncompliance in Mississippi is used when a tenant violates the lease for a reason other than nonpayment of rent (MS Code § 89-8-13(3)). For example, you may send it when the tenant causes a noise disturbance, exceeds the guest limit, or otherwise violates the lease. You must give the tenant 14 days to remedy the breach if it’s remediable by repairs, the payment of damages, or another cure.
If the tenant commits the same lease violation within six months of receiving notice for the first time, you can terminate the lease with 14 days’ notice without giving them an opportunity to fix it.
14-Day Notice to Quit for Noncompliance
Issue this notice for lease violations, giving tenants time to remedy or vacate, enforcing lease terms effectively.
Lease Termination Notices in Mississippi
If you need to terminate a month-to-month lease without cause, use a 30-day notice to vacate in Mississippi (MS Code § 89-8-19). Week-to-week leases only require a 7-day notice to vacate.
30-Day Lease Termination
Use this notice to formally terminate month-to-month tenancies, ensuring legal compliance and positive tenancy conclusions. Update it to a 7-day notice if you're terminating a week-to-week tenancy.
How to Evict a Tenant in Mississippi
To initiate the eviction process in Mississippi, you must first send an eviction notice to the tenant. If they don’t respond, fail to vacate, or fail to address the issue, you can initiate an eviction lawsuit. Learn about all the steps involved in the Mississippi eviction process below.
Step 1 – Write & Deliver an Eviction Notice
Begin by delivering an eviction notice to your tenant. Ensure that the eviction notice type aligns with the reason for eviction under state law.
Deliver your Mississippi eviction notice using one of these three acceptable methods:
- Mail it to the tenant via certified mail with a return receipt.
- Leave the eviction notice with someone over the age of 13 living in the unit.
- Hand the eviction notice to the tenant directly.
If the breaching party previously agreed in writing in the original lease to be notified via email or text, you can email or text them the notice (MS Code § 89-8-13).
Step 2 – File an Eviction Lawsuit
Allow the notice period to pass. If the period expires and the tenant has not paid rent, fixed the lease violation, or moved out, you can file a Complaint for Eviction. File your complaint with the Justice Court or County Court where the property sits.
You will either file a Complaint for Nonpayment of Rent or a Complaint for Breach of Lease. The complaint you file will cover the following information:
- The facts requiring the tenant’s removal; and
- The address of the rental unit
- The amount of rent and any additional fees owed (if applicable)
Request the appropriate complaint form from the court where you file. Here are some examples of what these forms may look like:
- General Complaint for Residential Eviction Form
- Complaint for Eviction for Nonpayment of Rent (Rankin County)
- Complaint for Eviction for Breach of Duties (Rankin County)
In addition to a sworn complaint, you will also need to present a copy of the written notice of breach delivered to the tenant (MS Code § 89-8-33):
Step 3 – Receive a Summons & Have It Delivered
The court will issue an eviction summons (MS Code § 89-8-35). The summons will inform the tenant that they must either move out or attend the scheduled eviction hearing.
The summons must be served via one of the following methods by a sheriff, process server, or anyone over 18 not involved in the lawsuit (MS Rules of Civil Procedure, Rule 4):
- Hand delivery
- Service at the residence (along with a mailed copy)
- Mail and acknowledgment
- Publication in a local county newspaper
A tenant can answer an eviction complaint using an Answer Form.
Either party may delay an eviction hearing to gather evidence for their case. The suspension of the hearing should not be longer than 10 days (or 30 days with the consent of both parties, per MS Code § 89-8-41).
Step 4 – Obtain a Verdict
If the tenant doesn’t move out, the hearing will commence. If the hearing is held, it must be held at least five days after the summons is issued. The court may enter a default judgment if the tenant fails to appear (MS Code § 89-8-37).
If both parties attend, each will present evidence to prove their case. If you win, the judge will issue a judgment for possession, and the tenant will have seven days to vacate the property. A serious lease violation might result in a shorter time for the tenant to vacate the property (MS Code § 89-8-39(1)).
If the eviction is for nonpayment, the tenant can remain on the property by paying all overdue rent by the court-ordered move-out date (MS Code § 89-8-39(4)). If the tenant vacates within seven days, you can remove their belongings from the property without further notice (MS Code § 89-8-39(1)).
Step 5 – Request a Warrant for Removal
If the tenant refuses to leave within the seven days granted by the judgment for possession, you can request a warrant for removal. Once it’s granted, the sheriff can execute it immediately. The tenant will have 72 hours to retrieve their belongings; after 72 hours, you may remove them from the property.
Sample Mississippi Eviction Notice
View an example of our Mississippi eviction notice template, which communicates that the tenant is late on their rent and must pay or face eviction proceedings. Complete yours using our guided form, then download a printable version in PDF or Word.