Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Mississippi and understand their responsibilities.
Quick Facts for Mississippi
- Grounds for Eviction: Failing to pay rent, refusing to vacate rental property at lease-end, rental agreement term violations & causing damage to rental property
- Notice Required for Nonpayment of Rent: 3-Day Notice to pay or quit
- Notice Required for Eviction without Cause: None required for fixed-term tenants; for month-to-month tenants, 30-Day Notice to Quit
- Notice Required for Lease Violations: 30-Day Notice to Remedy or Quit
How Long Does it Take to Evict a Tenant in Mississippi?
As the eviction process is a multi-step legal proceeding, it is always unpredictable. In the state of Mississippi, the amount of time it takes to evict a tenant will depend largely upon the reason the eviction is being sought and the tenant’s willingness to fight the eviction.
In the state of Mississippi, the landlord must in most cases provide the tenant with a written notice of the issue creating the desire for an eviction. If the landlord is required to offer the tenant a chance to remedy the situation, he/she must wait until the end of this period of time before proceeding further. If the situation isn’t corrected in the amount of time allowed in the notice, the landlord may then proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
If a tenant remains on the rental property after the time allowed in a Notice to Quit, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
Once the Summons and Complaint has been filed in court, the process becomes a legal one with all of the elements this implies.
Reasons for Eviction in Mississippi
Every state has established the reasons a landlord in their state can legitimately evict a tenant. In Mississippi, a landlord may legally evict a tenant for:
- Failing to pay rent
- Refusing to vacate the rental property at the end of the lease
- Violating terms of the lease or rental agreement
- Causing damage to the rental property
Regardless of the reason the landlord is seeking to evict a tenant from his/her property, the state of Mississippi requires that he/she first provide the tenant with a notice. The type of notice and length of time the notice allows the tenant will depend upon the issue at hand. If the issue has not been remedied, and the tenant has remained on the rental property beyond the time indicated on the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
Eviction for Failure to Pay Rent
In the state of Mississippi, a landlord must provide a tenant a written 3-Day Notice to pay rent or quit the rental property before proceeding with the eviction process (M.C.A. 89-7-27). If the tenant fails to pay the due rent but remains on the property past the third day indicated in the notice, the landlord may proceed with the eviction process by filing a
Summons and Complaint in the court where the property is located.
Eviction if Rent has Been Paid
In the state of Mississippi, a landlord may evict an “at-will” tenant (a tenant who is renting without the benefit of a written lease) without cause. However, generally the landlord must provide the tenant with notice of his/her intention to discontinue the rental relationship before he/she may proceed with the eviction process.
If the landlord is renting a property for a set term, he/she is not required to provide the tenant with a written notice. However, he/she must wait to begin an eviction proceeding until after the end of the term for which the property has been rented.
Evicting a Tenant For Violation of Rental Agreement/Lease
In the state of Mississippi, the way in which a landlord is required to handle a violation of the lease or rental agreement will depend upon whether or not the tenant can remedy the violation. If the tenant can remedy the violation to the lease or rental agreement, the landlord must provide him/her with a written 30-Day Notice to Remedy or Quit (M.C.A. 89-8-13). If the tenant fails to remedy the situation within the thirty days provided, but continues to remain on the property, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
If the landlord is not required to offer the tenant the opportunity to remedy the violation to terms of the lease or rental agreement, the landlord must provide him/her with a written 30-Day Notice to Quit. If the tenant remains on the rental property beyond the 30 days allowed in the notice, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
Evicting a Tenant for Illegal Behavior
The state of Mississippi does not provide specific guidance to landlords for evicting tenants for illegal behavior. However, most leases include specific details about the process tenants may expect if illegal behavior occurs on the rental property.
How Does a Landlord Evict a Tenant When There is no Lease?
In the state of Mississippi, landlord may evict an “at-will” month-to-month tenant for no cause. However, to do so, he/she must first provide the tenant with a written 30-Day Notice to Quit (M.C.A. 89-8-19). It the tenant remains on the property after the 30th day, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located.
It the landlord is dealing with an “at-will” tenant who is renting for a fixed-term, he/she must wait until the end of the term before seeking to evict the tenant unless there is a legitimate cause. If the tenant should remain on the property after the end or the term, the landlord may proceed with the eviction process by filing a Summons and Complaint in the court where the property is located without providing any notice.
When Can a Tenant Not Be Evicted in Mississippi?
In Mississippi, as in all other states, it is illegal for a landlord to attempt to evict a tenant base on his/her color, race, sex, ethnicity, disability status, religion, or familial status. It is also illegal for a landlord to attempt to evict a tenant in retaliation for making reports regarding the safety of the rental property to the appropriate agencies.
Once a Notice Has Expired
The landlord may file a Summons and Complaint in the county court where the property is located. The Summons and Complaint is served by the sheriff’s office and informs the tenant of the complaint made against him/her as well at the time, date, and location of the eviction hearing.
Both sides may provide their case to the court. It is, however, the landlord’s responsibility to prove the cause for which he/she is seeking an eviction. If the tenant wishes to make a counterclaim, this claim should be provided to the court in writing before the hearing date.
Once Eviction Occurs
If the tenant fails to appear in court, the judge may provide a default ruling in favor of the landlord. If the court finds in favor of the landlord, a Writ of Execution is issued. This writ may be served on the tenant via personal service by the sheriff or by being posted on the property. The writ indicates a time for the tenant to be off of the rental property or have his property removed. The sheriff must supervise the removal of the tenant’s property and the lockout of the tenant.
Unlike most states, the state of Mississippi provides no guidance to the landlord as to how to deal with property left behind by the tenant after an eviction. Mississippi law does indicate that a landlord may place a lien against a tenant’s personal property for outstanding rent. The tenant may rectify the lien by paying all outstanding rent.
Make sure to read the Miss. Code Ann. § 89-7-27, 89-8-13 & 89-8-19 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.