A Mississippi eviction notice is the written warning a landlord has to deliver to a residential tenant before filing an eviction case in justice court, and the required notice period runs from 3 to 30 days depending on why the landlord wants the tenant out. The rules sit in the Mississippi Residential Landlord and Tenant Act in Chapter 8 of Title 89. Get the timeline wrong, use the wrong delivery method, or leave key information off the notice, and the case can fall apart before a judge hears the merits.
Notice Periods by Reason for Eviction
Mississippi sets a different clock for each kind of eviction. Picking the wrong one is one of the fastest ways to lose.
Nonpayment of Rent: 3 Days
When a residential tenant falls behind, the landlord can deliver a written notice stating that the lease will terminate if rent is not paid within three days.1Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Breach; Notice of Breach; Return of Prepaid Rent and Security; Disposition of Tenant’s Abandoned Personal Property Pay in full inside the three days, and the landlord cannot proceed. The amount demanded can include late fees, but only if the written rental agreement authorizes them.2Mississippi Office of the Attorney General. Residential Landlord and Tenant Act
Lease Violations Other Than Rent: 14 Days to Cure
For breaches like property damage, unauthorized occupants, prohibited pets, or disturbing neighbors, the landlord must deliver a written notice that describes the specific violation and states a termination date at least 14 days after the tenant receives the notice, unless the tenant fixes the problem within that window.1Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Breach; Notice of Breach; Return of Prepaid Rent and Security; Disposition of Tenant’s Abandoned Personal Property Cure the violation, and the lease continues. Do nothing, and the lease ends on the date in the notice.
Repeat Violations Within Six Months: 14 Days, No Cure
If a tenant commits substantially the same violation again within six months of the first notice, the landlord does not have to offer another chance to fix it. A 14-day termination notice can go out without a cure period, and the lease ends on the date the notice specifies.1Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Breach; Notice of Breach; Return of Prepaid Rent and Security; Disposition of Tenant’s Abandoned Personal Property Keep copies of every notice. Proving the first violation happened is what unlocks the shortcut.
Holdover After a Lease Ends: 3 Days
When a lease with a fixed end date expires and the tenant stays without the landlord’s agreement, the landlord can give written notice that eviction proceedings will begin no earlier than three days after delivery.3Justia. Mississippi Code 89-8-17 – Rights of Landlord After Expiration of Rental Agreement There is no cure period. The lease already ended.
Month-to-Month and Week-to-Week: 30 or 7 Days
With no fixed lease term, Mississippi defaults to a month-to-month tenancy for most renters, or week-to-week if rent is paid weekly. Either side can end a month-to-month tenancy with at least 30 days’ written notice before the termination date. A week-to-week tenancy requires at least 7 days’ written notice.4Justia. Mississippi Code 89-8-19 – Length of Term of Tenancy; Notice to Terminate Tenancy; Exception to Notice Requirement No violation needed. Either party can simply end the arrangement.
What the Notice Must Say
The statute requires a breach notice to describe the specific acts or failures that constitute the violation and state the date the lease will terminate if the problem is not cured.1Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Breach; Notice of Breach; Return of Prepaid Rent and Security; Disposition of Tenant’s Abandoned Personal Property A notice that holds up in justice court should also include:
- The full names of every tenant on the lease, so the names match the eviction complaint filed later.
- The property address, including any apartment or unit number.
- For nonpayment notices, the exact dollar amount owed, including any lease-authorized late fees. An inaccurate figure gives the tenant grounds to challenge the notice.
- The exact date by which the tenant must cure or vacate, calculated from the correct statutory notice period.
The Mississippi Judiciary publishes a sample residential eviction complaint that requires the landlord to attach the written notice of breach when the case is filed.5Mississippi Judiciary. Complaint for Residential Eviction A sloppy notice becomes a problem the moment it is attached to a court filing.
How the Notice Has to Be Delivered
Oral warnings do not count. The notice must be in writing, no matter how clearly the landlord communicated the problem in conversation.6Mississippi Legal Services. Eviction FAQs Several delivery methods are allowed:
- Hand delivery to the tenant. The most straightforward method and the hardest for the tenant to dispute later.
- Delivery to a household member who is at least 13 years old, if the tenant is not available.6Mississippi Legal Services. Eviction FAQs
- Posting on the door, if no one is living in the unit.
- Email or text message, but only for breach and nonpayment notices under § 89-8-13, and only if the tenant previously agreed in writing to receive notices that way.1Justia. Mississippi Code 89-8-13 – Right to Terminate Tenancy for Breach; Notice of Breach; Return of Prepaid Rent and Security; Disposition of Tenant’s Abandoned Personal Property
Document every delivery. Keep a dated copy of the notice, a photograph of the posted notice if that method was used, and any delivery confirmation. If the tenant later claims they never received anything, this is the evidence that answers that argument.
What Happens When the Notice Period Expires
A notice to vacate does not, by itself, remove anyone. If the tenant has not paid, cured the problem, or left by the deadline, the next step is filing a sworn complaint in justice court. The complaint identifies the landlord and tenant, states the address, describes the breach, lists any rent owed, and attaches a copy of the written notice that was served.7Justia. Mississippi Code 89-8-35 – Residential Evictions; Issuance of Summons; Required Notice to Persons in or Claiming Possession of Premises; Service of Summons The landlord signs it under oath before the justice court clerk.
The court then issues a summons ordering the tenant to either vacate immediately or appear before the judge on a set date to explain why they should keep possession.7Justia. Mississippi Code 89-8-35 – Residential Evictions; Issuance of Summons; Required Notice to Persons in or Claiming Possession of Premises; Service of Summons The summons and complaint are served under the Mississippi Rules of Justice Court, which allow personal service, service on a family member with a mailed copy, or service by posting with a mailed copy.8Mississippi Judiciary. Residential Eviction Summons At the hearing, the landlord should bring the lease, payment records, copies of every notice, and proof of delivery. If the tenant does not appear, the judge can issue a default judgment. Filing fees vary by county but are typically under $100 for a single-defendant case.
When Federal Law Overrides the State Notice Period
Two federal laws can push a Mississippi eviction notice out longer than state law requires. Skipping them risks dismissal even if the state-law notice was perfect.
The CARES Act 30-Day Notice
The CARES Act requires landlords of “covered properties” to give tenants at least 30 days’ notice before requiring them to vacate, and this requirement has no expiration date.9Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings A property is covered if it participates in a federal housing program (including public housing, the Housing Choice Voucher program, USDA rural housing programs, or the Low-Income Housing Tax Credit program) or if it has a federally backed mortgage. On a covered property, Mississippi’s 3-day or 14-day notice is not enough on its own. The 30-day federal floor applies on top.
Servicemembers Civil Relief Act
Active-duty military members, certain reservists, and their dependents receive extra protection under the Servicemembers Civil Relief Act. If a servicemember is being evicted for nonpayment and the monthly rent falls below a federally set threshold (adjusted annually for inflation), a court can stay the eviction for up to three months, or longer if the servicemember shows that military duty affected their ability to pay. The protection does not apply to evictions based on property damage or other non-payment lease violations. A servicemember who needs the stay should notify the court of their active-duty status and request it.
What a Landlord Cannot Do Instead
Mississippi does not allow self-help evictions. Changing the locks, shutting off utilities, removing a tenant’s belongings, or physically blocking access are all illegal shortcuts. Only a judge can order a residential tenant removed. A landlord who takes matters into their own hands exposes themselves to a lawsuit for damages and can undermine any legitimate eviction case they might otherwise have won.
Retaliation is also off limits. A landlord cannot recover possession, raise the rent, or cut services if the dominant purpose is retaliating against a tenant for exercising rights under the Residential Landlord and Tenant Act, such as requesting repairs or reporting code violations.3Justia. Mississippi Code 89-8-17 – Rights of Landlord After Expiration of Rental Agreement A tenant who believes the notice is payback for a legitimate complaint can raise retaliation as a defense, and the judge will weigh whether the landlord’s primary motivation was to punish the tenant for something the law entitled them to do.