Mississippi Eviction Process

How to Evict a Tenant in Mississippi

Step One: Submit an Eviction Notice

As per Miss. Code. § 89.8.13, the first step in the eviction notice process is submitting an eviction notice to the tenant. This lets the tenant know that they have violated the terms of the agreement and need to take steps to remedy the problem or that the landlord has decided to terminate the rental agreement for another reason. The landlord should submit the notice to the party in breach:

• In writing
• Via email or text if the tenant previously agreed in writing to receive those communications electronically

The eviction notice should lay out the precise breach, what the tenant can do to remedy it, if possible, and how long they have to do so.

Step Two: File the Eviction Lawsuit With the Court

Once the notice period has expired, the landlord must file a complaint with the court if the tenant has neither moved out of the property nor remedied the breach. The complaint should be filed in the district or county where the property is located.

According to Miss. Code 89.8.33, the complaint should include:

• What the tenant did that violates the lease agreement
• Evidence of the breach, if relevant
• Any rent and fees owed to the landlord according to the terms of the lease agreement
• The eviction notice was delivered to the tenant, and evidence that it was delivered, if relevant. The landlord can ensure the process moves smoothly by including all pertinent information.

Step Three: The Tenant Summons

Once the eviction complaint has been filed with the court, the court will issue a summons to the tenant. The summons will include a copy of the complaint and information about appearing in court to contest the violation. According to Miss. Code § 8.89.35, the summons will also provide the tenant with information about the eviction process, including the fact that the landlord can dispose of personal property left behind after the judge processes the eviction order.

According to the Mississippi Rules of Civil Procedure, the notice should be delivered within 120 days of when the complaint was filed. The summons must be provided by:

• Direct delivery to the tenant
• Direct delivery to the tenant’s family members and submitting a copy via first-class mail
• Publishing a copy in the local paper or at the courthouse door if the tenant or family members cannot be contacted

A court summons for eviction related to non-payment can also be posted at a conspicuous location on the property.

Step Four: Court Appearance

The court hearing will be held at least five days after the summons was issued. On the court date, both the landlord and the tenant will appear and present their cases. The landlord should plan to present the following:

• A copy of the lease agreement
• All communications with the tenant about the violation, including the initial eviction notice
• Evidence of the lease violation

The tenant will have the chance to argue against the eviction, including showing any evidence that they have made a good-faith effort to remedy the violation. The court will examine both sides’ evidence and issue a ruling. If the court decides in favor of the landlord, the tenant will be given seven days to move out of the property.

Step Five: Warrant of Removal

If the tenant does not leave the property after the final notice period expires, the court will issue a Warrant of Removal, allowing the sheriff to remove them forcibly from the property. The sheriff can immediately issue the Warrant of Removal and return the property to the landlord.

Reasons for Eviction in Mississippi

In Mississippi, there are two types of evictions: at-fault and no-fault. The terms of the eviction process and the time given to the tenant to rectify any problems can determine what kind of notice the landlord should use.

At-Fault Evictions

An at-fault eviction involves a lease violation that allows the landlord to take legal action. Common examples include:

• Failing to pay rent on time
• Violating the lease
• Repeat lease violations
• Illegal or hazardous actions

1. Three-Day Notice to Quit for Late or Unpaid Rent

Overview

• Under Miss. Code. § 89.8.13, if a tenant fails to pay rent when it is due, the landlord can deliver a 3-day notice to quit to inform the tenant that they must pay the unpaid rent.
• This notice gives the tenant three days to catch up on unpaid rent, or the landlord will end the tenancy. It must give the tenant at least three days to rectify the rent situation, but it can allow more time.
• The three-day notice period counts weekends and holidays; however, if the last day of the notice period falls on a weekend or holiday, the tenant typically has until the next business day to pay the rent.

2. 14-Day Notice to Quit for Lease Violations

Overview

• Miss. Code. § 89.8.13 notes that landlords should use a 14-day notice to quit for lease violations when a tenant breaks the terms of the lease in a way other than unpaid rent, such as having unregistered pets in an apartment.
• The 14-day notice to quit offers the tenant 14 days to fix the lease violation before the landlord proceeds with the eviction process.
• The 14-day notice period includes weekends and holidays; however, if the final day falls on a weekend or holiday, the tenant has until the next business day to remedy the breach.

3. 14-Day Notice to Quit for Repeat Lease Violations

Overview

• According to Miss. Code. § 89.8.13, if a tenant conducts essentially the same lease violation more than once within the same six-month period, the landlord can submit a 14-day notice to quit with no option to “cure” (resolve) the breach.
• A notice for repeat lease violations informs the tenant that the landlord has seen the second breach and that the tenant has 14 days to leave the property before the landlord proceeds with the eviction process.
• The 14-day notice period includes weekends and holidays, but the tenant has until the next business day to leave the premises if the last day of the notice period falls on a weekend or holiday.

4. Immediate, Unconditional Notice to Quit for Substantial Lease Violations

Overview

• Miss. Code. § 89.8.13 states that if the tenant engages in a “substantial lease violation,” including one that causes a health and safety hazard or one that is laid out in the rental agreement as triggering an eviction, the landlord can use an immediate, unconditional notice to quit to notify the tenant that they intend to move forward with the eviction process.
• The notice lets the tenant know he must leave the property immediately.
• State law does not require landlords to give the tenants any time to remedy the breach of a health and safety violation or other severe lease violation before the landlord can proceed with the eviction.

No-Fault Evictions

A no-fault eviction occurs when a landlord intends to evict a tenant whose lease has expired or who is on a periodic tenancy rather than one who violated the lease agreement.

1. Notice to Quit: End of Tenancy

Overview

• Under Miss. Code § 89.8.17, the landlord can reclaim possession of the property any time after the rental agreement expires. The landlord should provide the tenant with a written notice to quit, letting the tenant know that they need to leave the property.
• Mississippi law notes that a landlord can terminate a month-to-month tenancy with 30 days’ notice but does not specify how much notice the landlord must give at the end of a lease period.

2. Seven-Day Notice to Quit for Weekly Lease Agreement

Overview

• For tenants on a weekly lease agreement, Miss. Code. § 89.8.19 notes that the landlord should give tenants a 7-day notice to quit to inform them that the landlord intends to end the lease.
• The 7-day notice to quit allows the tenant seven days to move out of the property before the landlord proceeds with a formal eviction.
• While the notice period does include weekends and holidays, if the last day falls on one of those days, the tenant has until the next business day to move out.

3. 30-Day Notice to Quit for Monthly Tenancy

Overview

• Under Miss Code. § 89.8.19, a 30-day notice to quit should be used when a landlord decides to terminate a month-to-month tenancy.
• The notice informs the tenants that they have 30 days to move out of the property before the landlord initiates a formal eviction.
• While weekends and holidays are included in the notice period, tenants will typically have until the next business day to finish moving out if the last day of the notice period falls on one of those dates.

Eviction Timeline

Tenant Rights in Mississippi

In all dealings with tenants, landlords should take care to observe their rights.

Self-Help Evictions

A self-help eviction occurs when a landlord attempts to take matters into their own hands when removing a tenant from the property, including turning off utilities, using threats or force, or changing the locks before the tenant has moved out. Mississippi landlords should follow state law rather than trying to handle the eviction on their own.

Abandoned Property

Once a tenant has been evicted from the property, under Miss. Code § 89.8.39, landlords should hold their possessions for 72 hours, including allowing them access to the property to move their belongings. After that period, landlords can dispose of the items as they see fit.

Resources

• Complaint for Eviction: The basic information needed to submit a complaint for eviction with the court. Note that each county has its own form.
• Complaint for Breach of Lease: Specific form used to lay out a breach of lease other than unpaid rent. Note that each county may have a unique form.
• Answer Form (General): A general form tenants can use to answer the landlord’s complaint against them.