Download Mississippi Eviction Notice Templates [PDF]

Protect your property by learning every step of the Mississippi eviction procedure and downloading our Mississippi eviction notice template.

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Mississippi
Customized for MississippiThis document may be legally binding in Mississippi according to your state specific regulations.
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Download Mississippi Eviction Notice Templates [PDF]

A Mississippi eviction notice is a document the landlord uses to inform the tenant that they wish to terminate the lease agreement. The landlord will also provide the reasons for the eviction and give the tenant a deadline by which they must vacate the property.

If the tenant doesn’t comply with the request in the eviction notice, the landlord can move forward and file an eviction lawsuit with the local court. Only after the court makes the judgment can the landlord initiate the forceful eviction.

Types of Eviction Notices in Mississippi

The landlord can use different types of Mississippi eviction notices, depending mostly on the type of lease agreement and the reasons for the eviction.

Notice to Pay Rent or Quit

If the tenant fails to pay the rent on time, the landlord can use this type of Mississippi eviction notice to terminate the lease. The landlord must give the tenant at least three days to pay the rent or leave the property. If the tenant does neither, the landlord can file an eviction lawsuit.

Notice for Non-Compliance

The landlord can use this type of Mississippi eviction notice to evict the tenant who violated the lease agreement or the Mississippi landlord-tenant law. The landlord must give the tenant at least 14 days to remedy the violation or leave the property

If the tenant repeats the same violation within the six-month period, the landlord will give them a 14-day notice to quit without a way to remedy the violation.

Notice for Violating the Health and Safety Rules

If the tenant substantially violates the health and safety code, the landlord can initiate the eviction without any advance notice, and the tenant will not have the opportunity to remedy the violation.

Notice for Terminating the Month-to-Month Lease

If the landlord doesn’t want to renew the periodic lease (week-to-week or month-to-month lease), they can use this type of Mississippi eviction notice. Additionally, this eviction notice can be used to end the holdover tenancy or the tenancy at will. The landlord must issue the notice at least 30 days before the eviction date.

Eviction Laws and Requirements in Mississippi

Laws & Requirements

  • Rent Payment Grace Period: None.

  • Notice for Rent Non-Payment: 3 days. (§ 89-7-27)

  • Notice for Non-Compliance: 14 days. (§ 89-8-13)

  • Notice for Substantial Damage to Property: 14 days. (§ 89-8-13)

  • Termination of Periodic Lease: 30 days for a month-to-month lease. (§ 89-8-19(3))

  • Eviction Procedure: Title 11, Chapter 19

When is Rent Late in Mississippi?

In Mississippi, the rent is considered late right after the due date is over. That means that if the due date for rent payment is the 15th of the month, the rent will be late on the 16th of the month.

The Mississippi Statute doesn’t provide a grace period for the rent payment, and neither does the due date get delayed during the weekend or legal holidays. Therefore, as soon as the due date is over, the landlord can start the eviction process.

Grounds for Eviction in Mississippi

In Mississippi, the landlord can evict the tenant for the following reasons:

Grounds for Eviction

  • If the tenant doesn’t pay the rent on time

  • In case the tenant violates the lease agreement

  • When the tenant violates the Mississippi landlord-tenant law

  • If the landlord wants to terminate the periodic lease (week-to-week or month-to-month)

  • In case the tenant violates the health and safety code

Eviction Process in Mississippi

Below, you can find a step-by-step guide to the eviction process in Mississippi. Before initiating any action before the court, the landlord must first issue the Mississippi eviction notice and give the tenant the option to voluntarily leave the property.

The process goes as follows: 

#1. Write a Notice

The landlord must draft the eviction notice, providing the reason for the eviction and the number of days within which the tenant has to leave the property

The landlord will deliver the eviction notice to the tenant in one of the three following ways:

Mandatory Information

  • Personally to the tenant

  • By posting the eviction notice at a conspicuous place on the property

  • Via certified mail

The landlord should make sure to have proof that the eviction notice was delivered to the tenant.

#2. File the Complaint

If the tenant doesn’t follow the instructions from the eviction notice and remains at the property, the landlord can move forward and file an eviction lawsuit. The landlord will do so by submitting the complaint form, as well as a copy of the eviction notice, to the appropriate county or justice court. 

The landlord must file the lawsuit with the court under whose jurisdiction the location of the property falls.

#3. Serve the Tenant

The sheriff’s office or other relevant body will serve the complaint form and the summons on the tenant. This will inform the tenant about the proceedings against them and the hearing date. The tenant will then have the chance to provide their arguments against the landlord’s claims by submitting the answer form to the court.

#4. Wait for Court’s Judgment

On the hearing date, both parties will have the chance to present their arguments, and the court will then make a final decision based on those. The court will then issue a Writ of Possession no later than five days after the judgment.

This document will serve as the tenant's last notification to leave the property, after which the landlord can hire a sheriff or other relevant body to forcefully remove the tenant from the property.

Other Eviction-Related Forms in Mississippi

Besides the Mississippi eviction notice, the landlord and tenant can use other eviction-related forms throughout the eviction process.

Other Eviction-Related Forms

  • Complaint Form (for rent non-payment). The landlord uses this form to initiate the eviction procedure if the tenant fails to pay the rent.

  • Complaint Form (for lease terms violation). If the tenant violates the lease agreement, the landlord can use this form to initiate the eviction procedure before the court.

  • Answer Form. The tenant can use this form to provide their arguments against the landlord’s claims in the eviction procedure before the court hearing date.

Eviction Information for Landlords in Mississippi

In Mississippi, the landlord can use certain self-help methods to evict the tenant. However, the lease agreement must explicitly provide the landlord's right to use these methods.

Self-help methods often include:

Eviction Information for Landlords

  • Removing the tenant’s belongings from the property

  • Changing the locks at the leased property

  • Shutting off the utilities at the property

Eviction Information for Tenants in Mississippi

The tenant can use the following arguments to fight the eviction:

Eviction Information for Tenants

  • The landlord didn’t send the eviction notice before initiating the lawsuit.

  • The notice didn’t contain the reasons for the eviction.

  • The landlord didn’t provide the minimum number of days for the tenant to leave the property.

  • The tenant had already remedied the violation, which was the reason for the eviction.

  • The reason for eviction isn’t the reason provided in the Mississippi landlord-tenant law.

How to Write an Eviction Notice in Mississippi

Mississippi Eviction Notice Checklist

Mississippi Eviction Notice FAQ

  • You can file an eviction notice in the following situations:

    • When the tenant failed to pay the rent on time

    • If the tenant violated the lease agreement or the Mississippi landlord-tenant law

    • In case you want to terminate the month-to-month lease

  • The landlord must issue the eviction notice to the tenant in Mississippi before initiating any other eviction-related action. If the landlord files an eviction lawsuit without attaching a copy of the eviction notice and proof of service, the court will dismiss the lawsuit.

  • The eviction process in Mississippi can last between 2 and 8 weeks, but it can take even longer, depending on the reasons for the eviction and the tenant’s actions in the eviction process.

  • A 3-day eviction notice is legal only when the reason for the eviction is non-payment of rent. In other cases, the Mississippi landlord-tenant law determines a minimum advance notice period to be longer than three days.

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