A 3-day notice to vacate in Mississippi is the written warning a landlord gives a residential tenant who has fallen behind on rent: pay the full amount owed within three days, or the lease terminates and the landlord can file for eviction. The requirement comes from Mississippi Code § 89-8-13(5)(a), part of the Residential Landlord and Tenant Act.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance The notice is not optional paperwork. Without it, a landlord cannot lawfully move a nonpayment case into court, and a notice with the wrong information or improper delivery can get an eviction thrown out.
When the Three-Day Notice Applies
The three-day timeline is reserved for one thing: unpaid rent on a dwelling unit. If the tenant has missed rent, the landlord can deliver written notice stating that the lease will end if payment is not made within three days.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance Mississippi’s statutory definition of “rent” includes any late fees the lease requires a defaulting tenant to pay, so those charges can be rolled into the amount demanded.2Justia Law. Mississippi Code 89-8-7 – Definitions; Agent of Landlord
Other lease violations follow a different rule. If a tenant damages the property, keeps an unauthorized pet, breaks noise rules, or breaches any other lease term that doesn’t involve money, the landlord must give at least 14 days’ written notice describing the specific violation. The tenant has a reasonable time within that period to fix the problem. If the same type of violation happens again within six months of a prior notice, the landlord can terminate with another 14-day notice and the tenant loses the right to cure.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
Nonresidential rentals, including commercial spaces, warehouses, and agricultural land, run under a separate statute, § 89-7-27, which has its own three-day framework.3Justia Law. Mississippi Code 89-7-27 – Nonresidential Evictions; Authorized in Certain Circumstances If what you’re renting is a home or apartment, the residential rules below are what apply to you.
What the Notice Must Contain
The statute does not lock landlords into a specific form, but a notice that holds up in court needs certain basics. Vague wording invites a defense, and inflated numbers can sink the whole case.
- The tenant’s full legal name as it appears on the lease.
- The complete address of the rental unit, including any apartment or unit number.
- The total past-due amount, including any late fees the lease authorizes. Mississippi’s definition of “rent” already covers lease-required late fees, so they don’t need to be itemized separately.2Justia Law. Mississippi Code 89-8-7 – Definitions; Agent of Landlord
- A specific deadline to pay or vacate, at least three days after delivery.
- A clear statement that the lease will terminate if payment is not made by the deadline.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
A notice that only says “you owe back rent” without naming a dollar figure gives the tenant something to argue. A notice that demands money the lease doesn’t authorize creates the same problem. Get the number right.
How the Notice Can Be Delivered
Written delivery is the default. Mississippi also allows the landlord to send the notice by email or text message, but only if the tenant has agreed in writing to receive notices that way.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance That written agreement can live in a lease clause or in a separate acknowledgment the tenant signed.
For physical delivery, handing the notice directly to the tenant is the cleanest option. When the tenant isn’t home, leaving a copy with a responsible adult at the residence and mailing a second copy creates a usable paper trail. Some landlords post the notice on the front door, but the statute does not specifically authorize that method for pre-suit notices. Whatever the method, document the date, time, and manner. If the tenant later claims the notice never arrived, that record is the landlord’s best evidence.
What the Tenant Can Do Within Three Days
The whole point of the notice is to give the tenant a chance to cure. If the full rent and any required late fees are paid before the deadline, the lease stays in place and the landlord cannot file for eviction. A cured nonpayment cannot be used later to terminate the lease retroactively.
Mississippi law also gives a second chance after the landlord has already filed. If the tenant pays all rent due, accrued late fees, and court costs before the court actually issues a removal warrant, the eviction is paused. The tenant then has ten days to follow through; if payment isn’t completed, the warrant issues as if no stay had occurred.
Tenants who cannot pay but want to protect their rental history should think hard about a voluntary move-out agreement before the landlord files. A 3-day notice itself does not appear on tenant screening reports. A court-filed eviction case does, and it can stay on screening reports for up to seven years whether the landlord ultimately won or lost.4Consumer Financial Protection Bureau. How Long Can Information, Like Eviction Actions and Lawsuits, Stay on My Tenant Screening Record?
What Happens After the Three Days
If the deadline passes without payment or move-out, the landlord’s next step is filing an Affidavit for Eviction (sometimes called an Affidavit to Remove Tenant) in the Justice Court for the county where the property sits. The affidavit identifies the tenant, the property, the amount owed, and confirms that the required notice was given.5Hinds County, Mississippi. Affidavit to Remove Tenant Filing fees vary by county and by the number of defendants named, so the exact amount comes from the local Justice Court clerk.
Once the affidavit is filed, the clerk issues a summons and a constable or sheriff serves it on the tenant, setting a hearing date. At the hearing, the judge looks at whether the notice was proper in both content and delivery, whether there’s a legitimate basis for eviction, and what the lease says. The landlord can seek both possession of the property and a money judgment for the unpaid rent.1Justia Law. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Noncompliance
If the landlord wins, the tenant generally gets at least seven days from the judgment date to move out, though the court can order a shorter or longer period for emergency or other compelling reasons. On nonpayment cases, the tenant can still avoid removal by paying all sums owed to the landlord by the court-ordered move-out date.6Mississippi Judiciary. Residential Eviction Summons If the tenant stays past the deadline, law enforcement carries out the removal. Either side can appeal to Circuit Court within 10 days, generally by posting a bond.7Justia Law. Mississippi Code 11-51-85 – Appeals From Judgment of Justice Court Judge in Civil Cases
Defenses a Tenant Can Raise
Receiving a 3-day notice doesn’t mean the eviction is a done deal. A tenant who shows up at the hearing with evidence can raise several defenses.
- Defective notice. If key details were missing, the amount demanded was wrong, or delivery was improper, the court can dismiss the case and force the landlord to start over.
- Payment was made. If the tenant paid in full within the three-day window and the landlord filed anyway, the case fails.
- Landlord’s failure to maintain the property. Mississippi landlords must comply with building and housing codes affecting health and safety and keep plumbing, heating, and cooling systems in substantially the same condition as at the start of the lease. A tenant living with conditions the landlord has ignored may have a defense, depending on the facts.8Justia Law. Mississippi Code 89-8-23 – Duties of Landlord
- Repair-and-deduct. If the landlord failed to fix a reported defect within 30 days, the tenant may have lawfully repaired it and offset the cost against rent, up to one month’s rent. That offset can explain what looks like a shortfall.9Justia Law. Mississippi Code 89-8-15 – Repair of Defects by Tenant
- Retaliation. A landlord cannot use eviction to punish a tenant for exercising legal rights, such as reporting code violations or requesting repairs.
None of these defenses apply automatically. The tenant has to appear and present evidence. Missing the hearing usually produces a default judgment for the landlord.
Properties With Federally Backed Mortgages
The three-day state timeline may not apply if the property has a federally backed mortgage or is part of a public housing or project-based rental assistance program. The CARES Act’s 30-day notice-to-vacate provision remains in effect and requires landlords of covered properties to give tenants at least 30 days’ written notice before filing an eviction for nonpayment, regardless of what state law says.10Congress.gov. CARES Act Eviction Notice Requirements Covered properties include those with loans backed by Fannie Mae, Freddie Mac, FHA, VA, USDA, and similar federal programs.
As of early 2026, HUD considered rescinding its separate 30-day notice requirement for public housing and project-based rental assistance programs but has indefinitely delayed that change, so the federal 30-day requirement remains in place for those programs. A tenant unsure whether their building qualifies can check with the local housing authority or look up the property’s mortgage status through the National Housing Preservation Database.
Landlords Cannot Lock Tenants Out
No matter how far behind the rent is, a Mississippi landlord cannot skip the court process. Changing locks, removing a tenant’s belongings, shutting off utilities, or physically blocking access to the unit are all prohibited without a court order. A landlord who tries any of this can face liability for damages, and the underlying eviction case can be undermined. The 3-day notice followed by a court filing is the only lawful route to removing a residential tenant for nonpayment.