Free Mississippi State Eviction Notice Forms

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Table of Contents:

Mississippi Eviction Notice Types
Mississippi Eviction Laws
Mississippi Eviction Process
Mississippi Eviction Notice Sample
Related Real Estate Documents
FAQs About Mississippi Eviction Notices

Mississippi Eviction Notice Types

It’s necessary to provide the correct type of Mississippi eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.

You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under MS statutes. This will also affect how long you must give the resident as notice before they have to leave the property.

As seen below, there are a few different options in Mississippi when completing an eviction.

Non-Payment: 3-Day Notice to Quit

This type of eviction notice gives tenants 3 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.

Non-Compliance: 30-Day Notice to Quit

In situations where the tenant violates the terms of the lease, landlords can issue them with a 30-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 720 hours, or to leave the premises.

This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.

2nd Non-Compliance: 14-Day Notice to Quit

If the tenant commits the same lease violation within a period of six months, the landlord can issue a 14-Day Notice to Quit. With this notice, there is no option for the tenant to remediate, and they shall be forced to leave the property within 14 days.

Week-to-Week: 7-Day Notice to Quit

Landlords with periodic tenants who pay on a weekly basis can end their contract with the resident by serving a 7-Day notice. This is unconditional and gives the tenant a full week to leave the property.

Month-to-Month: 30-Day Notice to Quit

30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.

Mississippi Eviction Laws

You can only evict someone in Mississippi if they’ve committed a legally valid breach of the lease under MS statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.

To evict someone in Mississippi means conforming with the following legal requirements:

Nonpayment of rent: 3 days’ notice
First lease violation: 30 days’ notice
Second lease violation: 14 days’ notice
Termination of a lease (week-to-week): 7 days’ notice
Termination of a lease (month-to-month): 30 days’ notice

The notice must also be served to the tenant in compliance with the property laws in Mississippi. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.

Mississippi Eviction Process

There are a number of crucial steps to follow when evicting a tenant in Mississippi. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.

To successfully evict your tenant in Mississippi with an eviction notice, you’ll need to do the following:

Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Execution with the court clerk.
Step 5: When the Writ of Execution has been processed the landlord may file the document with the county sheriff. The tenant will then have a short period of time to leave before being forcibly evicted.

Starting in April 2022, landlords cannot immediately seize the belongings of the evicted tenant. A new law (SB 2461), allows tenants 1 week to gather their belongings from the property after they are served an Eviction Notice.

During these 7 days, the tenant has the time to take whatever possessions are theirs.

If the tenant remains on the property after 7 days, a judge may ask law enforcement to forcibly remove the tenant.

Mississippi Eviction Notice Sample

When you prepare your own Mississippi eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.

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FAQs About Mississippi Eviction Notices

Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Mississippi’s eviction notices in our FAQs below and learn how to use these forms effectively.

How to Evict Someone in Mississippi?

To successfully evict a tenant in Mississippi state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.

If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.

How Many Days Notice Does a Landlord Need to Give in Mississippi?

The notice period a landlord needs to give in Mississippi always depends on their reason to evict. When an MS state eviction notice is served it must provide the correct duration for the infraction or it won’t be valid. This can be as few as 3 days for a missed rental payment and up to 30 days when terminating a lease.

How Much Does It Cost to Evict Someone?

How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Mississippi eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).

However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.

You are only a few steps away from your own Mississippi Eviction Notice!

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Preview of your Mississippi Eviction Notice

NOTICE TO PAY RENT OR QUIT

_________

_________
_________
_________, Mississippi _________

TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:

_________, _________, Mississippi _________

YOU ARE HEREBY NOTIFIED THAT:

(i) In accordance with your lease and/or rental agreement dated _________, you are obligated to pay certain rent for the use and occupancy of the Premises described above, of which you now hold possession.

(ii) Your rent for the period from _________ to _________ is now due, unpaid and delinquent. Consequently, you owe rent in the total sum of $_________.

YOU ARE HEREBY REQUIRED TO:

PAY the above-mentioned amount, in full, to _________ or its agents, within THREE (3) days after service of this notice; OR

QUIT the above-mentioned premises and turn over possession of the same to _________ or its agents, within THREE (3) days after service of this notice.

Failure to pay the rent in full OR quit the premises within the time period specified above will result in forfeiture of the lease and/or rental agreement. In addition, the Landlord will be entitled to initiate eviction proceedings against you to recover rent, damages and possession of said premises in accordance with Mississippi law.

PLEASE NOTE THAT THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE TO PAY RENT OR QUIT THE PREMISES, IN ACCORDANCE WITH MISSISSIPPI ANNOTATED CODE § 89-7-27.

Reserved Rights

The Landlord retains and shall have all the rights to enforce the rights and remedies provided under the lease and / or rental agreement and under any applicable laws of the state of Mississippi at any time in connection with any and all defaults or events of default now existing or hereafter arising. Nothing in this notice may be construed as a waiver of such rights and remedies.

Dated: _________

By: ______________________________
_________

_________, _________, _________ _________
_________

PROOF OF SERVICE

I, the undersigned, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:

- On _____________, I handed the notice to the tenant(s) personally.

- On _____________, I handed the notice to a person of suitable age and discretion at the residence/business of the tenant(s).

- On _____________, I mailed a true copy of the document by:

( ) Regular mail

( ) Registered mail

( ) Certified mail

Postage fully prepaid, addressed to the tenant(s) at his/her place of residence.

- On _____________, I posted the notice in a conspicuous place at the residence of the tenant(s).

Executed on ____________________
Served by ______________________