How To Serve an Eviction Notice in Mississippi

How To Serve an Eviction Notice in Mississippi

Last Updated: March 21, 2024 by Roberto Valenzuela

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:

  1. Hand delivery to the tenant
  2. 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
  3. Delivery by first class mail, with postage prepaid and a declaration of service in a return envelope, postage prepaid
  4. 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