Mississippi Eviction Process: Notice Requirements and Court Procedures
Understand the Mississippi eviction process, from 3-day notices for non-payment to the 2022 statutory reforms regarding property retrieval and court procedures.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
The Mississippi residential eviction process is governed primarily by the Residential Landlord and Tenant Act (RLTA), effective since July 1, 1991, with significant procedural reforms enacted on July 1, 2022 (SB 2328). While Mississippi is generally efficient for landlords, the 2022 reforms introduced strict requirements for property retrieval and notice delivery that must be followed to avoid legal liability.
Pre-Eviction Notices
Before filing an eviction lawsuit (known in Mississippi as an action for removal), the landlord must issue a formal written notice. Under the 2022 reforms, notices may be delivered via email or text message only if the tenant has consented to such methods in a written rental agreement.
1. Non-Payment of Rent: The 3-Day Notice
If a tenant fails to pay rent on time, the landlord must serve a 3-Day Written Notice to Pay or Quit (Miss. Code Ann. § 89-8-13(3)).
- The tenant has three full days to pay the overdue rent in full.
- If the tenant pays within this window, the eviction process must stop.
- If the tenant does not pay, the landlord can file for removal in the appropriate court on the fourth day.
2. Lease Violations: The 30-Day Notice (14-Day Cure)
If the tenant violates a material term of the lease agreement (e.g., unauthorized occupants, excessive noise), the landlord must serve a 30-Day Notice to Remedy or Quit (Miss. Code Ann. § 89-8-13(1)).
- The notice must specify the breach.
- The tenant has 14 days from the receipt of the notice to remedy the violation.
- If the violation is remedied within 14 days, the lease continues.
- If the violation is not remedied within 14 days, the lease terminates automatically at the end of the 30-day notice period.
Repeat Violations: If the same breach occurs within six months of a prior notice, the landlord may terminate the agreement upon 14 days' written notice without an additional opportunity to cure (Miss. Code Ann. § 89-8-13(2)).
3. Termination of a Month-to-Month Lease
To end a month-to-month tenancy without cause, a 30-Day Written Notice is required (Miss. Code Ann. § 89-8-19). For week-to-week tenancies, a 7-Day Notice is required.
The Court Process
If the tenant remains after the notice period, the landlord must file a complaint for removal.
- Filing the Complaint: Usually filed in Justice Court (for claims up to $3,500) or County/Circuit Court.
- The Summons: A summons is issued and served by a sheriff or constable.
- The Hearing: Under § 89-7-31, the hearing must occur at least five days after the summons is served.
- The Judgment: If the landlord prevails, the court issues a Writ of Possession.
Enforcing the Eviction and Property Retrieval
The 2022 reforms (SB 2328) significantly changed how tenant property is handled after an eviction.
- Execution: A law enforcement officer enforces the writ.
- 72-Hour Retrieval Window: Once the writ is executed, the landlord must allow the tenant reasonable access to the premises for 72 hours to remove their personal property.
- Abandonment: Only after this 72-hour window has expired is the property considered abandoned. The landlord may then dispose of or sell the property at their discretion without further notice.
No Self-Help Evictions
Under no circumstances should a landlord attempt a "self-help" eviction. It is illegal to:
- Change the locks without a court order.
- Shut off essential utilities (water, electricity, gas).
- Remove doors, windows, or the tenant's belongings prior to the legal execution of a writ.
Engaging in self-help remedies exposes a landlord to civil lawsuits for actual and punitive damages.
How Landager Helps
A successful eviction relies on flawless compliance. One incorrect date or failure to provide the mandatory 72-hour retrieval window can result in costly delays or lawsuits. Landager helps mitigate these risks by generating accurately dated Mississippi notices, tracking 2022-compliant property retrieval windows, and maintaining timestamped records of all service attempts.
Back to [Mississippi Landlord-Tenant Laws Overview] (/property-compliance/usa/mississippi/overview).
Frequently Asked Questions
▶What is the Mississippi eviction process and how long does it take?
The Mississippi eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi. The full court process varies but typically takes several weeks.
▶What are the Mississippi landlord-tenant laws every property owner should know?
Mississippi's rental market is governed by the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8 of the Mississippi Code). The state is widely considered to have a landlord-friendly legal framework-there is no statewide rent control, no cap on security deposits, and a relatively streamlined eviction process for non-payment of rent. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide
▶What are the Mississippi security deposit rules and return deadlines?
Mississippi has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Mississippi rent increase laws and caps for landlords?
Mississippi has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Mississippi has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Mississippi?
Mississippi has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Mississippi state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Mississippi landlords provide to tenants?
Mississippi landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Mississippi lease requirements for rental properties?
Mississippi recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Mississippi law.
Read the complete guide▶What are Mississippi landlord maintenance obligations and habitability standards?
Mississippi landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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