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 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 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
A landlord can deliver notices in Mississippi using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to the tenant’s spouse or other family member over the age of 16;
- Mailing the notice by first class mail with postage prepaid;
- Sending the notice electronically (via email message or text message) if both parties agreed in writing.
When sending the notice by first class mail, add three (3) calendar days to the notice period to account for variability in post office 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.
- Electronically – by keeping a copy of the electronic submission and completing a Declaration of Service.
Mississippi Eviction & 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 Mississippi Court Rules of Civil Procedure - Rule 4
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Upon an individual, (A) by delivering a copy 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 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 (by first class mail, postage prepaid) to the person to be served.
Source Link - 2 MS Code § 89-8-13
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Notice of default by email or text message is proper if the party has agreed in writing to be notified by that means.
Source Link - 3 Mississippi Court Rules of Civil Procedure - Rule 6
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Additional Time if Service by Mail: 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.
Source Link
