By Type
Pay or Quit – Sent when rent has not been paid. It notifies the tenant of the landlord’s intent if the balance remains unpaid.
Cure or Quit – Used when lease terms are violated. The tenant is given notice and a chance to correct the issue.
Termination of Month-to-Month Tenancy (30-Day Notice) – Notifies the tenant that the rental will not continue. Proper notice must be provided.
Notice to Quit for Illegal Activity – Issued for unlawful conduct on the property. Eviction may proceed quickly.
Eviction Laws
Mississippi law outlines specific notice timelines tied to the tenant’s conduct.
- Rent Grace Period: None
- Non-Payment of Rent: 3-day notice.[1]
- Lease Non-Compliance:
- 14 days with an option to cure for first offenses
- 14 days without an option to cure for repeat offenses.[2]
- 14 days with an option to cure for first offenses
- Illegal Activity: 14-day notice.[2]
- Substantial Property Damage: 14-day notice.[2]
- Termination of Month-to-Month Tenancy: 30-day notice.[3]
- Eviction Lawsuit Type: Ejectment.[4]
Each notice must clearly state the violation and the deadline to comply or vacate.
Utility Shutoff – Landlords are legally required to keep plumbing, heating, and cooling systems in safe working order. Interrupting these services as a way to force a tenant out violates state law.[5]
Changing the Locks – Mississippi law does not explicitly address lockouts, but blocking tenant access is widely considered an unlawful self-help eviction and can undermine a landlord’s case in court.
How to Evict a Tenant in Mississippi (Step-by-Step)
Step 1: Deliver the Proper Eviction Notice
The eviction process begins with a written notice. The landlord must deliver the notice by hand or by posting and mailing it, and should keep proof of delivery. Common notices include:
- 3-Day Notice to Quit – Non-payment of rent
- 14-Day or 30-Day Notice to Quit – Lease non-compliance
- 30-Day Notice to Quit – Month-to-month tenancy
Step 2: File the Case With Local Justice Court
If the tenant does not comply, the landlord may file an ejectment action with the local Justice Court. This includes submitting:
- Civil Case Cover Sheet
- Complaint for Non-Payment of Rent (Rankin County version) or
- Complaint for Breach of Lease (Rankin County version)
The court issues a summons, sets a hearing, and arranges service on the tenant. Filing fees vary by county, including:
- Hinds County: $85, plus $15 per additional defendant.[6]
- Harrison County: $85, plus $1 per additional defendant at the same address or $35 at a different address.[7]
- DeSoto County: $185.[8]
Step 3: Wait for the Tenant’s Response
After service, the tenant may file an Answer Form to contest the eviction.
Step 4: Receive a Court Judgment
If the landlord prevails—or the tenant fails to respond—the court may issue a judgment. A writ of possession may be granted no sooner than five days after judgment.
Step 5: Enforce the Writ of Possession
If the tenant still does not vacate, the landlord may deliver the writ of possession to the sheriff, who will carry out the physical eviction.
Court Forms & Resources
- Civil Case Cover Sheet – Required when filing an eviction complaint with the court.
- Complaint for Non-Payment of Rent (Rankin County version) – Used when eviction is based on unpaid rent.
- Complaint for Breach of Lease (Rankin County version) – Used for lease violations other than rent non-payment.
- Answer Form – Allows the tenant to contest the eviction after receiving a summons.