Mississippi Eviction Process: Notice Requirements and Court Procedures

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.

1. Filing the Complaint: Usually filed in Justice Court (for claims up to $3,500) or County/Circuit Court.
2. The Summons: A summons is issued and served by a sheriff or constable.
3. The Hearing: Under § 89-7-31, the hearing must occur at least five days after the summons is served.
4. 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).