Mississippi Eviction Notice

Types of Mississippi Eviction Notices

In Mississippi, the type of eviction notice required depends on the reason for the eviction. The following are the primary types of eviction notices:

1. 3-Day Notice to Quit:

   • Grounds: Non-payment of rent.
   • Details: Tenants have 3 days to pay the rent or vacate the property. This notice can be issued the day after rent is due, with no grace period.
   • Legal Reference: Mississippi Code § 89-7-27.

2. 14-Day Notice to Comply or Vacate:

   • Grounds: Curable lease violations.
   • Details: Tenants must correct the violation within 14 days or vacate the premises. This notice applies to violations that can be remedied.
   • Legal Reference: Mississippi Code § 89-8-13.

3. 14-Day Notice to Vacate:

   • Grounds: Repeat lease violations or incurable breaches.
   • Details: This notice is issued when a tenant commits a lease violation within six months of a previous violation or for serious breaches where no corrective action is allowed. Tenants must vacate within 14 days.
   • Legal Reference: Mississippi Code § 89-8-13.

4. 30-Day Notice to Vacate:

   • Grounds: Termination of month-to-month or expired leases.
   • Details: This notice is used to terminate a month-to-month tenancy or when the lease has expired. Tenants must vacate within 30 days.
   • Legal Reference: Mississippi Code § 89-8-19.

5. 7-Day Notice to Quit:

   • Grounds: Termination of week-to-week tenancies.
   • Details: This notice is for tenants who pay rent on a weekly basis, giving them 7 days to vacate.
   • Legal Reference: Mississippi Code § 89-8-19.

Mississippi Eviction Laws

To evict a tenant in Mississippi, landlords must comply with specific legal requirements, including providing the correct notice period based on the reason for eviction:

• Non-payment of rent: 3 days’ notice (Mississippi Code § 89-7-27).
• First lease violation: 30 days’ notice (Mississippi Code § 89-8-13).
• Second lease violation: 14 days’ notice (Mississippi Code § 89-8-13).
• Termination of a week-to-week lease: 7 days’ notice (Mississippi Code § 89-8-19).
• Termination of a month-to-month lease: 30 days’ notice (Mississippi Code § 89-8-19).
• Immediate eviction: No notice required for violations threatening health and safety (Mississippi Code § 89-8-19).

Mississippi Eviction Process

The eviction process in Mississippi involves several key steps:

1. Deliver Eviction Notice: Landlords must serve the appropriate eviction notice to the tenant, allowing the specified time for the tenant to comply or vacate.

2. File Documents with Local Court: If the tenant does not comply with the eviction notice, the landlord can file a complaint for eviction with the local court. This includes submitting the eviction notice and any relevant documentation.

3. Tenant Response: The tenant has the right to respond to the eviction complaint. They may present their case in court.

4. Court Judgment: The judge will issue a ruling based on the evidence presented. If the judgment is in favor of the landlord, they can proceed with the eviction.

5. Execute Eviction: If the tenant does not vacate after the judgment, the landlord can obtain a writ of possession from the court and coordinate with local law enforcement to carry out the eviction.

Important Considerations

• Landlords cannot forcibly evict tenants without following the legal process.
• Starting in April 2022, tenants are allowed one week to gather their belongings after receiving an eviction notice before being forcibly removed.
• Proper service of the eviction notice is crucial; it can be delivered in person, via mail, or electronically if the tenant has consented to such methods.

Statutes

• Miss. Code § 15-1-29 – Limitations applicable to actions on accounts and unwritten contracts
• Miss. Code § 75-2A-506(1) – Statute of limitations
• Miss. Code § 97-19-75(5) – Bad check complaint procedures; restitution procedures
• Miss. Code § 89-7-23 – Notice to terminate tenancy
• Miss. Code § 89-7-27 – Nonresidential evictions; authorized in certain circumstances
• Miss. Code § 89-8-13 – Right to terminate tenancy for breach; notice of breach; return of prepaid rent and security; disposition of tenant’s abandoned personal property
• Miss. Code § 89-8-15 – Repair of defects by tenant
• Miss. Code § 89-8-19 – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
• Miss. Code § 89-8-19(2) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
• Miss. Code § 89-8-19(3) – Length of term of tenancy; notice to terminate tenancy; exception to notice requirement
• Miss. Code § 89-8-21(3) – Tenant’s security deposit
• Miss. Code § 89-8-21(4) – Tenant’s security deposit
• Miss. Code § 89-8-23 – Duties of landlord
• Miss. Code § 89-8-25 – Duties of tenant
• Miss. Code § 89-8-17 – Rights of landlord after expiration of rental agreement
• Miss. Code § 9-11-9 – Civil jurisdiction; pecuniary interest in outcome of action
• Miss. Code § 11-25-1 – In what cases a remedy