Mississippi law provides landlords with the right to terminate the lease based on nonpayment of rent or violation of the rental agreement.
The timeline of the eviction depends on the legal cause and whether the tenant files an answer with the court.
The legal causes for eviction are:
- Nonpayment of rent
- Lease violations
- Lease violations that affect the health and safety
Timeline of the Eviction Process
- Delivery of a notice to the tenant: 3-14 Days
- Summons is delivered to the tenant: 3-5 Days
- Hearing is scheduled: 3 Days for Nonpayment of Rent; 5 Days for other reasons. If the tenant doesn’t show up for the hearing, the landlord will be given a “default judgment.”
- The court issues a “removal warrant”, which allows a sheriff to remove the tenant from the residence on a specified date: up to 3 Days
Eviction Notices:
Eviction for Nonpayment of Rent
Before an eviction action is filed with the court the landlord must deliver a notice to the tenant. For nonpayment of rent, a 3-Day notice is required, notifying the tenant to pay rent or quit. Miss. Code Ann. § 89-7-27
“After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when complete satisfaction of the rent and any late fees due cannot be obtained by distress of goods, and three (3) days’ notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person who owes the rent. Third. If a written agreement between the landlord and tenant exists, any event calling for eviction in the agreement may trigger the eviction process under this section. Notice of default by email or text message is proper if the party has agreed in writing to be notified by that means.” MS Code § 89-7-27 (2018)
Eviction for Lease Violations
If the tenant has violated the lease a 14-Day Notice with the opportunity to cure must be delivered. The tenant has 14 days to remedy the lease violation or move out. Miss. Code Ann. § 89-8-13
If the same violation happens again within 6 months, the landlord can deliver a 14-Day Notice to Quit. This notice doesn’t give the opportunity to fix the violation, it’s a notice to leave the premises. Here is the amended SECTION 89-8-7.
Eviction for Substantial Lease Violations
If the tenant’s lease violation is substantial and affects health and safety, the landlord can start eviction action without delivering a notice.
(4) Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety. MS Code § 89-8-19
Eviction Notice Delivery
If there is a written agreement between the landlord and tenant, the eviction notice can be served by email or text.
“Notice of default by email or text message is proper if the party has agreed in writing to be notified by that means.” MS Code § 89-7-27 (2018)
Although there is no specific requirement in the law that states how the notice should be delivered, it is best to either mail it by certified mail, deliver it in person or post it on the front door. This protects the landlord against a lack of notice defense.
Tenant Right to Appeal
The tenant has a right to appeal the decision within 30 days but they have to file an appeal bond known as “supersedeas bond” in order to delay the eviction until an appeal is over.
Removal of the Tenant’s Personal Possessions
The landlord has the right to remove the personal possessions of the tenant only after the date and time ordered by the judge and not before.
Ending the Lease without a Legal Cause
A landlord can terminate a rental agreement without a cause at the end of the lease term.
- For a month-to-month tenancy, a 30-Day notice must be given.
- For a fixed term, for example, a one-year lease, no notice is required. The lease terminates at the end of the term.
