The Eviction Process in Mississippi

To evict a tenant in Mississippi, landlords must carefully follow all of the laws or the eviction might not be valid. This article outlines the basic rules and procedures landlords and property managers must follow when evicting a tenant in Mississippi.

Notice for Termination With Cause

The first step in an eviction is for the landlord to terminate the tenancy. This can only be done if the landlord has legal cause to evict the tenant. Mississippi law defines legal cause as either the tenant failing to pay rent or violating the lease or rental agreement. To terminate the tenancy for one of these reasons, the landlord must give the tenant written notice. In Mississippi, the notice can be delivered to the tenant via email or text if the tenant has agreed in writing to receive notices via email or text.

• 3-day notice to pay rent: When a tenant fails to pay rent on the due date, the landlord can give the tenant a written 3-day notice to pay rent or quit (move out). If the tenant doesn't pay rent or move out within the three days, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(5) (2024).)
• 14-day notice to remedy or quit: When a tenant violates the lease in a way that can be fixed, the landlord can give the tenant a written 14-day notice. The notice must inform the tenant that the tenant has 14 days to fix the lease violation or move out of the rental unit. If the tenant does neither, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(3)(a) (2024).)
• Unconditional 14-day notice to quit: When a tenant violates the lease in the same way a second time within six months of the first violation, and the landlord had issued a 14-day notice to remedy or quit for the first violation, the landlord can give the tenant an unconditional 14-day notice to quit. This means that the tenant doesn't have the opportunity to fix the problem, and must move out within 14 days of receiving the notice. If the tenant doesn't move out, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(3)(b) (2024).)
• No notice required: When the violation is a substantial violation of the lease or rental agreement, or is something that materially affects health and safety, no notice is required. The landlord can immediately file an eviction lawsuit. (Miss. Code § 89-8-19 (2024).)

Notice for Termination Without Cause

If a landlord wants to terminate a tenancy but does not have legal cause, then the landlord will have to wait until the term of the tenancy has expired. In some cases, the landlord will still need to give the tenant written notice to move.

Month-to-Month Tenancy

A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a written 30-day notice to move. This notice will inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant needs to move out of the rental unit within 30 days. If the tenant does not move out, then the landlord can proceed with an eviction lawsuit against the tenant. (Miss. Code § 89-8-19 (2024).)

Fixed-Term Lease

A landlord who wants to end a fixed-term lease (such as a lease for one year) but does not have legal cause, must wait until the end of the term before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move.

Tenant Eviction Defenses

The tenant might decide to fight the eviction, even if the landlord has a valid legal cause to evict the tenant. The tenant could also have a valid legal defense, such as the landlord failing to maintain the rental unit or the landlord not following all of the legally required eviction procedures. The tenant's decision to fight the eviction could increase the costs of the lawsuit and allow the tenant more time to remain living in the rental unit.

Removal of the Tenant

A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. At that time, a law enforcement officer with a court order will remove the tenant from the rental unit. The landlord is never allowed to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.

After the tenant is evicted, the landlord might find that the tenant has left behind personal belongings. The tenant has 72 hours after the eviction to take any remaining property not subject to a lien proceeding. After 72 hours, the landlord can remove any property still remaining to the curb, an area designated for garbage, or another location agreed upon by the tenant and landlord. The landlord has no further obligation to protect or store the property at this point. (Miss. Code 89-7-31 (2024).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Mississippi law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.