If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own MS eviction notice with our step-by-step template designer.
Last Update June 20th, 2022
- Mississippi Eviction Notice Types
- Mississippi Eviction Laws
- Mississippi Eviction Process
- Mississippi Eviction Notice Sample
- FAQs About Mississippi Eviction Notices
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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.
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.