Free Mississippi State Eviction Notice Forms

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.

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. 

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. 

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.

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a home, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• Mississippi Rental Application
• Mississippi Residential Lease Agreement