Eviction Laws in Mississippi
Mississippi law specifies that landlords must provide appropriate notice before evicting tenants, but that notice will vary depending on the reason.
Written by David Ghanizadeh-Khoob
Reviewed by Melanie Reiff
Mississippi
law specifies that landlords must provide appropriate notice before evicting tenants, but that notice will vary depending on the reason for eviction. Landlords cannot evict a tenant without following the necessary legal process.The eviction process can be long and arduous, but for good reason. Eviction laws ensure tenants are not simply left homeless without appropriate notice and legal procedure. That legal procedure can be confusing if you don’t have an understanding of Mississippi’s laws.
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Mississippi eviction 101: the three ways you can be evicted
In Mississippi, there are three ways in which you can be evicted, each with different timelines and requirements.
Landlords must give the tenant a formal written notice before they can file an eviction lawsuit, but the length of that notice will depend on the reason for eviction.
- Non-payment of rent: If a tenant fails to pay rent, the landlord must give them a three-day notice to either pay the rent due or move out. If the tenant provides the rent amount in time, the landlord cannot reject it—and the eviction process stops. Rent is considered late the day after it is due.
- Breach of lease terms: If a tenant breaches their lease terms (say, by smoking in a non-smoking area or damaging the property), the landlord must provide a 30-day notice to comply. During that period, the tenant can rectify the breach. If the breach is not resolved, the eviction process continues. If the tenant commits the same infraction within a six-month period, though, the landlord can issue an unconditional 14-day notice to quit, meaning the tenant must leave the premises within two weeks.
- Material health or safety violation: If a tenant has a serious breach of lease terms or if their actions pose a threat to the health and safety of the building or other units, then the landlord can immediately file an eviction lawsuit without providing notice.
Regardless of the reason for eviction, landlords cannot force a tenant to leave the property themselves. If a tenant does not move out following a notice to quit, landlords must proceed by filing an eviction lawsuit. Only once the court rules in favor of the landlord can a law enforcement officer with a court order force the tenant out of the unit.
Notice for termination without cause
To evict a tenant during the rental term, landlords must have a probable cause, like non-payment of rent. However, landlords do not have to have a reason not to renew a lease agreement.
For fixed-term (yearly) leases, Mississippi law does not outline any notice requirements unless specified in the lease. Landlords will likely communicate that they do not wish to continue the tenancy, but they are not required to follow the formal notice process.
They can file an eviction lawsuit if the tenant fails to move out after the end of their lease term.
For month-to-month or week-to-week rental agreements, landlords must issue a 30-day or 7-day notice to quit, respectively.
Key Takeaway Unless it is the end of your lease term, landlords must have a reason for evicting a tenant and must follow the correct formal eviction process depending on the reason.
A timeline of eviction in Mississippi
Evictions can be a lengthy process, often taking over a month from when the notice is served to the actual eviction. Here is a rough outline of what you can expect from the eviction process:
Step | How long it typically takes | What to expect |
|---|---|---|
Written notice from landlord | 3-30 days | Landlords must send a formal written notice to quit outlining the reasons for eviction. |
Summons and complaint | Typically sent a few days after filing | After the appropriate notice period, landlords can file a summons and complaint, which must be served at least five days before the return date. |
Hearing | typically 5-10 days after the summons is issued | The case will be heard and a judge will review the evidence to decide if the eviction is just. |
Eviction | Within five days after hearing | If the court rules in favor of the landlord, a writ of execution will be issued ordering the tenant to move within five days if the eviction is due to a breach—or immediately if the eviction is due to non-payment of rent. |
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Mississippi law does not require tenants to answer the complaint before appearing in court. Tenants should prepare their case during the period before the hearing. If tenants fail to appear in court, the case will usually default in favor of the landlord.
How to resist eviction in Mississippi
If your landlord is trying to evict you, you have a few options for addressing the issue:
- Address the cause of the eviction: If you can find a way to pay the due rent or to rectify any breaches, that is the most straightforward way to deal with an eviction.
- Know your rights: If you cannot rectify the situation during the notice period, then having an understanding of eviction law will give you the best chance of arguing your position in court.
- Seek legal counsel: If you believe you are being unfairly evicted, seeking advice or assistance from a lawyer can help you proceed correctly and give you the best chance of defending yourself.
If you think you are being unjustly evicted or evicted due to discrimination, you can fight the eviction lawsuit or even sue your landlord. If you win the lawsuit, you could be awarded potential damages and any court fees.
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