Mississippi Eviction Notice Requirements
Mississippi's Residential Landlord and Tenant Act sets the notice rules for homes. For unpaid rent, § 89-8-13(5) lets a landlord give written notice that the rental agreement will end if the rent isn't paid within three days. For a material lease violation, § 89-8-13(3) lets a landlord give notice that the agreement ends at least 14 days after the tenant receives it unless the problem is fixed within 14 days. Month-to-month tenancies end with 30 days' written notice under § 89-8-19.
The notice should be in writing, or by email or text message if the tenant agreed in writing to that method, and state the rent owed or describe the violation, the deadline, and that the agreement will end if the tenant doesn't comply. If the same violation happens again within six months, the landlord can end the tenancy on 14 days' notice without another chance to cure. The landlord must attach a copy of the notice when filing, so keep a dated copy and a record of delivery.
If the tenant doesn't pay, cure or move out, the landlord files a sworn affidavit or complaint in justice, county or circuit court. If the landlord wins, the judge generally orders the tenant to move out within seven days; in a case based only on unpaid rent, paying everything awarded by that date stops removal. After the move-out date, the court issues a warrant for the sheriff or a constable to remove the occupants. A landlord should rely on this court process rather than changing locks, removing belongings or shutting off utilities.
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Mississippi: common questions
How many days' notice for unpaid rent in Mississippi?
Three days. Under § 89-8-13(5), the landlord may deliver a written notice, or an email or text if the tenant agreed in writing, stating that the rental agreement will end if the rent isn't paid within three days. If it isn't paid, the landlord may file for eviction and must attach a copy of the notice.
Can a Mississippi tenant fix a lease violation?
For most material violations, yes. Under § 89-8-13(3), the notice must describe the breach and state that the agreement ends at least 14 days after receipt if it isn't remedied within 14 days. A repeat of substantially the same violation within six months can allow termination on 14 days' notice without a cure opportunity.
How much notice ends a Mississippi month-to-month tenancy?
At least 30 days' written notice before the termination date, under § 89-8-19. Week-to-week tenancies require seven days. No notice is needed when a party has committed a substantial violation of the rental agreement or the Act that materially affects health or safety. Mississippi has no statewide just-cause requirement.
Where are Mississippi eviction cases filed?
Under the Act, an eviction case can be filed in justice court, county court or circuit court. After a judgment and the court-ordered move-out date, the judge issues a warrant for removal to the sheriff or a constable, who must actually remove the occupants. The landlord should not remove the tenant directly.
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