A reference of Mississippi Eviction Laws, and steps of the Mississippi eviction process for landlords and renters, updated 2021.
- What are the reasons for eviction under Mississippi eviction laws?
- Non-payment of rent (MS Code § 89-7-27)
- Non-compliance with the lease agreement (MS Code § 89-8-13)
- Threat to health or safety (MS Code § 89-8-19)
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (MS Code § 89-8-19)
- What notice do Mississippi eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, Mississippi requires a 3-day notice (MS Code § 89-7-27).
- For evictions based on the tenant’s non-compliance of the lease agreement, the landlord must give a 14-day notice. The notice must state the reason for eviction and that the tenant can avoid eviction by correcting the violation within 14 days. (MS Code § 89-8-13).
- No notice is required for evictions based on a serious threat to the health or safety of others. (MS Code § 89-8-19).
- For evictions based on the tenant remaining in possession of the rental property after the expiration of the lease, the notice the landlord must provide depends on the length of the tenancy agreement. For a year-long tenancy, the landlord must provide two months’ notice. For a month-to-month tenancy, the landlord must provide a 30-day notice. For a week-to-week tenancy, the landlord must provide a 7-day notice. For landlord must provide a 30-day notice to the tenant. (MS Code § 89-8-19).
- Do Mississippi eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Mississippi law prohibits self-help measures.
Mississippi Eviction Process: Step-by-step
The Mississippi eviction process requires the landlord to obtain an order from the court before removing the tenant from the premises. The eviction process in Mississippi involves the following steps:
- Landlord delivers the eviction notice.
The landlord must notify the tenant of the eviction. This is generally completed via personal service. However, if the landlord cannot locate the tenant, the landlord can provide the notice by leaving a copy of it in a conspicuous place where the tenant last or usually resided. (MS Code § 89-7-33). If the tenant has consented to it in writing, notice by email or text is permissible. (MS Code § 89-7-27). The landlord must wait for the applicable time limit to expire and allow the tenant to pay rent or remedy the situation, if applicable, before taking further action.
- Landlord files a summon and complaint
After the appropriate time has elapsed and the tenant does not return possession of the property to the landlord, the landlord can begin the judicial eviction process by filing a complaint and summons. The landlord files a Complaint for Eviction if the reason for eviction is non-payment for rent. Here is an example. The landlord files a Complaint for Breach of Lease if the reason for eviction is not because of non-payment of rent. Here is an example.
The landlord also files a summons, which explains that a legal case has been filed and notifies the tenant that they must answer the complaint to avoid a default judgment against them. The landlord is responsible for having the tenant served with the legal paperwork.
- Tenant files an answer
If the tenant wants to contest the eviction, they can file an answer to the complaint.
- Attend the hearing
The landlord and tenant attend the court hearing and present their case to a judge. At the conclusion of the case, the judge will either dismiss the case or rule in favor of the landlord. This decision may be made at the conclusion of the hearing or a few days or weeks after it.
- Landlord removes the tenant from the property
If the landlord wins the case, the landlord can notify the local sheriff’s office and show them the court’s order so the sheriff can remove the tenant from the property in compliance with Mississippi eviction laws.