In Mississippi, in order for an eviction notice to be legal, it must contain certain information about the tenancy and violation committed. If any appropriate details are missing and the case proceeds to court, the case may be postponed or dismissed by a judge.
Step 1: List Tenants’ Full Names
All adult tenants’ names must be included. It is important to make sure each adult household member is named individually if the landlord has to move forward with the eviction process.
Step 2: List Full Address
The full address for the rental premises must be included for legal purposes. This is extremely important so there is no confusion later in the eviction process when the court returns possession of the premises to the landlord.
Step 3: Include Grounds for Eviction
Include the reason why the tenant is facing eviction.
- For nonpayment of rent, include the total balance due for the current rental period plus any past delinquencies.
- For a lease violation, the tenant must have a clear understanding of the infraction and whether or not it can be corrected.
- For an incurable breach, indicate the specific breach or illegal conduct.
In some cases, even with lease violations or an incurable breach, the tenant may owe a balance due, which shall also be provided in the notice.
Step 4: Calculate and Include Termination Date
This date must be included on all notices and is the date by which tenants must pay a rent balance due, cure a lease violation or the date the tenants must vacate the premises.
An eviction notice takes effect the day after it is served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is seven (7) days or more, all days are counted in the period, including weekends and legal holidays. If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (a day when the courthouse is open).
Step 5: Include Date Notice Served
This date is very important for a couple of reasons. For purposes of counting the proper number of days in the notice period, the date the notice is served is required. In addition, it tells the court when the notice was delivered to the tenants.
Step 6: Landlord’s Signature and Printed Name
The landlord must sign and print their name on the notice to make it effective and legally compliant. Like all legal documents, the notice must be signed or it will not be enforced in court and the landlord will have to begin the eviction process over.
Step 7: Landlord’s Address and Phone Number
The landlord’s contact information gives the tenant a way to reach the landlord or drop off a payment for a balance due. In addition, the contact information provided must be a reliable method of contacting the landlord throughout the duration of the eviction process.
Mississippi Eviction & Lease Termination Notice Forms
|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|
- 1 Mississippi Court Rules of Civil Procedure - Rule 6
Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as defined by statute, or any other day when the courthouse or the clerk’s office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk’s office is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.Source Link