To evict a family member in Mississippi, you have to use the formal court process, even if there was never a lease and never any rent. That means written notice, a complaint filed in Justice Court, a hearing, and, if it comes to it, a sheriff-enforced removal. Changing the locks, cutting off utilities, or setting their belongings on the porch is not a shortcut. It’s a liability.
Why You Can’t Just Tell Them to Leave
A relative who has been living in your home with your permission is not a guest you can order out on the spot. Mississippi law treats that person as a tenant at will or a tenant at sufferance, whether or not they ever paid you a cent. Mississippi Code 89-7-27 governs removal of tenants at will and at sufferance, and it requires a court proceeding before anyone can be forced out.1Mississippi Attorney General. Mississippi Code 89-7-27 – Proceedings Against Holdover Tenant; Evictions
So-called “self-help” measures are off the table. Removing doors, padlocking the house, shutting off water or electricity, or hauling furniture to the curb all skip the process the statute requires. Mississippi channels every eviction through a judge and, at the end, through the sheriff’s office. The formal path takes longer than most people want it to, but it’s the only lawful one.
Step 1: Give Written Notice to Vacate
Before you file anything, put the termination in writing. For a month-to-month arrangement, Mississippi Code 89-8-19 requires at least 30 days’ written notice. If the living arrangement is week-to-week, seven days’ notice is enough.2Justia. Mississippi Code 89-8-19 – Length of Term of Tenancy; Notice to Terminate Tenancy; Exception to Notice Requirement Where no rent changes hands, courts generally treat the situation as month-to-month, so 30 days is the safer number to use.
The notice needs the family member’s full name, the property address, a clear statement that their right to remain is being terminated, and the exact date by which they must be out. There is no mandatory state form. What matters is proof of delivery. Hand it to them in front of a witness who can later testify, or send it by certified mail with a return receipt. Doing both is stronger still. If they later tell the judge they never got notice and you can’t prove otherwise, your case stalls.
Step 2: File the Eviction Complaint in Justice Court
If the notice period runs out and the family member is still in the house, file a sworn Complaint for Residential Eviction in the Justice Court for the county where the property sits. Mississippi’s courts publish a standard form that asks for both parties’ names and contact information, the property address, the facts justifying removal, any rent owed, and a copy of the notice you already delivered.3Mississippi Courts. Complaint for Residential Eviction You sign it under oath in front of the clerk.
When no rent was ever paid, the “facts requiring removal” section is short: proper written notice was given, the notice period has passed, and the person hasn’t left. Filing fees vary by county, generally in the range of $80 to $100 for the initial complaint. Plan on a $45 sheriff’s service fee on top of that to have the summons delivered.4Justia. Mississippi Code 25-7-19 – Sheriffs The court won’t move the case forward until fees are paid.
Step 3: Show Up to the Hearing
After you file, the court issues a summons that has to be served on the family member along with a copy of the complaint. The summons tells them when and where to appear and warns them that a judgment against them gives them at least seven days from that date to move out.5Justia. Mississippi Code 89-8-35 – Residential Evictions; Issuance of Summons; Required Notice to Persons in or Claiming Possession of Premises; Service of Summons
Bring the original written notice, your proof of delivery, and anything else showing the person was asked to leave and refused. The family member has the right to appear and tell their side. If they don’t show, you can ask for a default judgment, but you’ll need to file a sworn statement about their military status first (see below).
If the judge rules for you, the standard order gives the family member seven days to vacate. The court can shorten or extend that period in emergency or otherwise compelling circumstances.5Justia. Mississippi Code 89-8-35 – Residential Evictions; Issuance of Summons; Required Notice to Persons in or Claiming Possession of Premises; Service of Summons
Step 4: Sheriff-Enforced Removal
If the deadline passes and the family member is still there, go back to the Justice Court and request a warrant for removal. Under Mississippi Code 89-7-35, the judge issues the warrant right away, and it directs the sheriff or a constable to physically remove everyone from the property and put you back in possession.6Justia. Mississippi Code 89-7-35 – Issuance of Warrant for Removal Expect a separate fee for the warrant itself on top of the earlier service costs.
Once the sheriff carries out the warrant, the family member generally has 72 hours of reasonable access to collect their belongings. Property left behind after that can be treated as abandoned and disposed of.7Mississippi Legislature. Mississippi Senate Bill 2328 – Section 89-8-39 Wait out the full 72 hours before touching anything. Throwing things out early is an easy way to hand your relative a lawsuit after you finally got them out.
What Happens If They Appeal
The family member has 10 days from the Justice Court judgment to appeal to the Circuit Court. To do it, they normally post a bond with the Justice Court clerk for double the judgment or double the value of the property at issue, with a minimum of $100. That bond stays the eviction while the Circuit Court reviews the case.8Justia. Mississippi Code 11-51-85 – Appeals From Judgment of Justice Court Judge in Civil Cases
If they can’t afford the bond, they can file a poverty affidavit and appeal without one. In that scenario, the appeal moves forward, but there’s no stay, so you can still pursue the warrant for removal while the Circuit Court considers the case.8Justia. Mississippi Code 11-51-85 – Appeals From Judgment of Justice Court Judge in Civil Cases Either way, an appeal can add weeks or months to the timeline.
If the Family Member Is on Active Military Duty
The federal Servicemembers Civil Relief Act adds protections that apply in every Mississippi eviction. Before the court can enter a default judgment against someone who doesn’t appear, you have to file an affidavit stating whether the person is in military service, or stating that you can’t determine their status. A false affidavit is a federal crime punishable by up to one year in prison.9Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
If the family member is an active-duty servicemember using the home as a primary residence and the monthly rent falls under the SCRA threshold set each year, the court has to issue a specific order before the eviction can proceed. And if military service materially affects the servicemember’s ability to pay, the court must grant at least a 90-day stay when asked. Knowingly violating these protections is a misdemeanor.10Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
When a Protective Order Is the Better Route
If the reason you need the person out is domestic abuse or a threat of violence, a domestic abuse protection order under Mississippi Code Title 93, Chapter 21 can move faster than a standard eviction. A protective order can require the abusive person to leave the home right away, without the 30-day notice period and hearing schedule that a regular eviction runs on. You’d file this through Chancery Court or County Court rather than Justice Court. If safety is the concern, ask the court clerk or a local legal aid office about this route before you start down the eviction path. It’s built for situations where waiting a month isn’t realistic.