In Mississippi, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Mississippi?
In Mississippi, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Mississippi?
In Mississippi, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Mississippi, rent is late starting the day after it’s due.
Acceptable Forms of Service in Mississippi
Mississippi law is not specific on how landlords must deliver an initial written eviction notice, so any method that results in actual notice will be valid. The following methods, drawn from formal service of process under state law, represent the legal gold standard:
- Hand delivery to the tenant
- Hand delivery to the tenant’s spouse or a member of the tenant’s family over age 16 on the premises, PLUS delivery by first class mail with postage prepaid
- Delivery by first class mail, with postage prepaid and a declaration of service in a return envelope, postage prepaid
- Delivery by electronic notice (email or text message), if the tenant has agreed in writing to accept notice through this method
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Mississippi
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – via a mail receipt and by completing a Declaration of Service at the time of mailing or receiving one after delivery
- Electronically – by keeping a copy of the electronic submission and completing a Declaration of Service
Mississippi Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 14 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 14 Day Notice To Vacate | Eviction for Repeat Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Miss. R. Civ. P. 4(d)(1)
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Service by sheriff or process server shall be made as follows:
(1) Upon an individual other than an unmarried infant or a mentally incompetent person, Source Link(A) by delivering a copy of the summons and of the complaint to him personally or to an agent authorized by appointment or by law to receive service of process; or (B) if service under subparagraph (1)(A) of this subdivision cannot be made with reasonable diligence, by leaving a copy of the summons and complaint at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of sixteen years who is willing to receive service, and by thereafter mailing a copy of the summons and complaint (by first class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing. - 2 Miss. Code § 89-8-13(3)
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The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate…
Source Link - 3 Miss. R. Civ. P. 4(c)(3)
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(3) By Mail.
(A) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender. (B) If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint may be made in any other manner permitted by this rule. Source Link - 4 Miss. R. Civ. P. 6(e)
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Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
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