Mississippi Eviction Notice

Landlords use a Mississippi eviction notice as a legal document to inform tenants of their intent to terminate the rental agreement due to lease violations. Furthermore, this notice provides tenants with an opportunity to address the issue or vacate the premises before further legal action is taken.

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:

Short-Term 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. Additionally, landlords can issue this notice the day after rent is due, with no grace period.
Legal Reference: Mississippi Code § 89-7-27

2. 7-Day Notice to Quit

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

Standard Notices (14 Days)

3. 14-Day Notice to Comply or Vacate

Grounds: Curable lease violations
Details: Tenants must correct the violation within 14 days or vacate the premises. Furthermore, this notice applies to violations that tenants can remedy.
Legal Reference: Mississippi Code § 89-8-13

4. 14-Day Notice to Vacate

Grounds: Repeat lease violations or incurable breaches
Details: Landlords issue this notice when tenants commit a lease violation within six months of a previous violation or for serious breaches where no corrective action is allowed. Additionally, tenants must vacate within 14 days.
Legal Reference: Mississippi Code § 89-8-13

Long-Term Notices

5. 30-Day Notice to Vacate

Grounds: Termination of month-to-month or expired leases
Details: Landlords use this notice to terminate month-to-month tenancies or when leases have expired. Therefore, tenants must vacate within 30 days.
Legal Reference: Mississippi Code § 89-8-19

Mississippi Eviction Laws

Legal Requirements

To evict tenants 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)

Additional Notice Requirements

Furthermore, landlords must also follow these specific timeframes:

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:

Step 1: Deliver Eviction Notice

Landlords must serve the appropriate eviction notice to tenants, allowing the specified time for tenants to comply or vacate.

Step 2: File Documents with Local Court

If tenants do not comply with the eviction notice, landlords can file a complaint for eviction with the local court. Additionally, this includes submitting the eviction notice and any relevant documentation.

Step 3: Tenant Response

Tenants have the right to respond to the eviction complaint. Furthermore, they may present their case in court.

Step 4: Court Judgment

Judges will issue a ruling based on the evidence presented. Moreover, if the judgment favors landlords, they can proceed with the eviction.

Step 5: Execute Eviction

If tenants do not vacate after the judgment, landlords can obtain a writ of possession from the court. Additionally, they can coordinate with local law enforcement to carry out the eviction.

Important Considerations

Legal Process Requirements

Landlords cannot forcibly evict tenants without following the legal process. Therefore, all evictions must proceed through proper legal channels to ensure compliance with Mississippi law.

Recent Legal Changes

Additionally, starting in April 2022, tenants are allowed one week to gather their belongings after receiving an eviction notice before being forcibly removed. Furthermore, this provides tenants with additional time to collect personal property.

Service Requirements

Proper service of the eviction notice is crucial for legal validity. Moreover, landlords can deliver notices in person, via mail, or electronically if tenants have consented to such methods. Therefore, landlords should document the service method used for legal compliance.

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

FAQs

A Mississippi eviction notice is a legal document that landlords use to inform tenants of their intent to evict due to lease violations, such as non-payment of rent or other breaches of the rental agreement. It is required before a landlord can pursue eviction proceedings in court.

In Mississippi, a tenant has 3 days to pay the overdue rent or vacate the property after receiving a 3-Day Notice to Quit for non-payment of rent.

Mississippi has several types of eviction notices, including a 3-Day Notice to Quit for non-payment of rent, a 30-Day Notice to Quit for first lease violations, a 14-Day Notice to Quit for repeat violations, a 7-Day Notice for week-to-week tenancies, and a 30-Day Notice for month-to-month tenancies.

After serving an eviction notice, the landlord must wait for the specified notice period. If the tenant does not comply, the landlord can file an eviction lawsuit, known as an Unlawful Entry and Detainer Action, in the local court.

No, a landlord cannot evict a tenant immediately in Mississippi. They must follow the formal eviction process, which includes serving the appropriate eviction notice and allowing the tenant the required time to respond before taking legal action.

If a tenant does not vacate the property after the eviction notice period, the landlord can file an eviction lawsuit in court. If the court rules in favor of the landlord, they can then obtain a Writ of Possession to have the tenant forcibly removed by law enforcement.

A landlord can serve an eviction notice in Mississippi through various methods, including hand delivery to the tenant, delivery to a family member, or by mailing it via first-class mail. It is important to ensure that the tenant receives the notice to comply with legal requirements.

For a month-to-month tenancy in Mississippi, a landlord must provide a 30-Day Notice to Quit, allowing the tenant 30 days to vacate the property without needing to provide a specific reason.