Updated April 07, 2023
A Mississippi eviction notice is a letter that a landlord has to send to a tenant when they have breached their lease agreement in some way. The form is required to ensure that the tenant has an opportunity to know of the landlord’s intent and to either fix the problem if it is fixable or to move out. If the landlord fails to provide written notice as directed the court will not grant the landlord an eviction.
By Type (3)
3-Day Notice to Quit (Non-Payment) – This form is for legally informing the tenant that they have not paid rent and they have three days to do so before the landlord begins eviction proceedings. If the tenant pays before the three days are up, the landlord may not proceed with the eviction.
Download: Adobe PDF
14 Day Notice to Quit (Non-Compliance) – This form is used when a tenant breaches a lease term, other than for non-payment of rent. The tenant has fourteen days to rectify the situation or move out unless it has been a problem for which the tenant has received notice in the past, in which case, the tenant has fourteen days to move out and there is no opportunity to cure the breach.
Download: Adobe PDF
30-Day Notice to Quit (Month-to-Month Tenancy) – This notice is for letting a party know that the other party does not intend to renew a month-to-month tenancy.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace-Period: None.
- Non-Payment of Rent: 3 days. § 89-8-13(5)(a)
- Non-Compliance: 14 days with option to cure for first (1st) offenses. 14 days without an option to cure for second (2nd) offenses. § 89-8-13
- Illegal Activity: 14 days. § 89-8-25(i), § 89-8-13
- Substantial Damage to Property: 14 days. § 89-8-13
- Termination (Month-to-Month Lease): 30 days. § 89-8-19(3)
- Filing an Eviction: Title 11, Chapter 19 (Ejectment)
Court Forms
Civil Case Cover Sheet – When filing a complaint with the court, this cover sheet must be completed and attached.
Complaint for Non-Payment of Rent (Rankin County version) – If a tenant has been non-compliant with a demand for rent payment, the landlord can start an eviction case against them by filing this form with the court.
Complaint for Breach of Lease (Rankin County version) – In circumstances where the eviction is due to a lease violation, this form should be filed.
Answer Form – After receiving a summons, the tenant may contest the action by filing an answer with the court.
When is Rent Due
Rent in Mississippi is due on the day set forth in the lease. A tenant may cure the breach of non-payment up until the hearing by paying the full amount owed, plus landlord’s court expenses.
How to Evict (Process)
Step 1 – The first step to a successful eviction is to make sure you send the requisite notice and wait the specified time period before filing in court. You must also make sure the tenant receives the form, either by hand delivery or by posting and mailing it. You should have evidence of the delivery of the notice. Choose the notice that corresponds with your situation:
- 3-Day Notice to Quit (Non-Payment)
- 14/30 Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If your tenant fails to respond, you may begin eviction proceedings (called unlawful entry and detainer) with the Local Justice Court. This entails filing a Cover Sheet, Complaint for Non-Payment of Rent or a Complaint for Breach of Lease. The court will issue a Summons and schedule a hearing and complete a warrant to be served on tenant between five and twenty days from when the complaint is filed.
Step 3 – The tenant will have the right to respond to the Complaint and respond by using the Answer Form.
Step 4 – If the landlord prevails in court and/or receives a judgment as a result of default, the court will issue a writ of possession no sooner than five days after judgment.
Step 5 – If the tenant has not moved out, the landlord may take the writ of possession to the local sheriff’s office and have the sheriff handle the eviction.