Mississippi landlords often face tough decisions when tenants fail to meet their lease obligations. Understanding the Mississippi eviction process and laws can help property owners act confidently and avoid costly mistakes.
This guide walks through the essentials every landlord should know, including valid reasons for eviction, each step in the legal process, typical timelines, and key landlord-tenant laws that define both parties’ responsibilities.
How Mississippi Law Defines Eviction
In Mississippi, an eviction occurs when a landlord terminates a tenant’s right to remain in a rental unit due to unpaid rent, lease violations, or failure to move out after the lease expires.
To do so, landlords must follow specific legal steps, including serving written notice and filing a court action, before reclaiming the property.
Applicable law: Mississippi Code Title 89, Chapter 8, Mississippi Code Title 89, Chapter 7
Eviction With Just Cause
In Mississippi, a “just cause” eviction occurs when a landlord ends a tenancy for a legally recognized reason. Just cause includes substantial issues such as unpaid rent, significant or repeated lease violations, property damage, health or safety threats, or illegal activity on the premises. These grounds show that the tenancy cannot continue without harming the landlord’s property interests or violating state requirements.
Landlords may proceed with eviction only when the reason clearly fits state-approved grounds and when all notice and procedural rules are followed. Courts look for specific, well-supported facts showing that the action is based on legitimate cause rather than retaliation or discrimination.
For property owners, just cause highlights the need for thorough documentation. Accurate records of payments, notices, inspections, photos, and communications help verify the validity of the eviction if a dispute arises in court.
Applicable law: Mississippi Code §89-8-31
No-Fault Evictions
In Mississippi, landlords cannot remove tenants during a fixed-term lease unless the lease itself allows early termination. Once the lease expires, the landlord may choose not to renew (unless the agreement includes an automatic renewal clause).
For tenants on Mississippi month-to-month lease agreements, landlords have more flexibility. They may end the tenancy for any reason by providing a written 30-day Notice to Quit. This notice gives the tenant time to leave while keeping the process compliant with state law.
Applicable law: Mississippi Code §89-8-17, Mississippi Code §89-8-31
Grounds for Eviction in Mississippi
Landlords in Mississippi may remove tenants only for reasons recognized under state law, including:
Applicable law: Mississippi Code Title 89, Chapter 8, Mississippi Code Title 89, Chapter 7
Non-Payment of Rent
In Mississippi, when a tenant misses a rent payment and the lease does not include a grace period, the landlord can act quickly. The landlord must issue a 3-Day Notice to Quit for Nonpayment, giving the tenant 3 days to pay the full balance or move out.
If the tenant fails to pay within that time, the landlord can then file for eviction through the local court. Following this process ensures compliance with state law and keeps the eviction valid in court.
Applicable law: Mississippi Code §89-7-27
Lease Violations
A lease agreement defines the responsibilities and expectations between landlord and tenant. When a tenant in Mississippi breaches those terms, the landlord has grounds to begin the eviction process.
Common examples of lease violations include:
- Installing a satellite dish on the roof without written permission, despite clear restrictions in the lease.
- Holding loud gatherings at night that disturb neighbors and break quiet-hour rules.
- Keeping a rotweiler in a unit where the lease explicitly prohibits animals.
Residential lease agreements protect both parties by keeping expectations transparent. Landlords should carefully review the lease agreement, document every violation, and address each issue in writing to maintain compliance and support their case if the dispute reaches court.
Applicable law: Mississippi Code §89-8-13, Mississippi Code §89-8-31
Illegal Use of the Premises
In Mississippi, landlords have the right to evict tenants who use their rental property for illegal purposes. A few examples include storing stolen goods in a storage shed, selling drugs from the unit, running an unlicensed gambling operation, or using the property for prostitution.
Landlords should carefully document any suspected illegal activity, notify law enforcement when appropriate, and issue the required notice before filing an eviction case. Taking these steps helps protect the property, maintain safety, and ensure compliance with state law.
Applicable law: Mississippi Code §89-8-31
Tenant Actions that Threaten Health or Safety
In Mississippi, landlords can take action when a tenant’s behavior or negligence creates unsafe or unhealthy conditions on the property. Under the Mississippi Residential Landlord and Tenant Act, tenants must keep their units clean, comply with health and building codes, and avoid activities that endanger others or damage the property.
Common examples of health and safety violations in Mississippi include:
- Storing flammable liquids or chemicals inside the unit.
- Blocking hallways or emergency exits with personal belongings.
- Ignoring plumbing leaks or pest infestations that cause unsanitary conditions.
Landlords should document the issue, issue a written notice that details the violation, and give the tenant time to correct it. If the tenant fails to do so, the landlord can proceed with eviction. For additional context on property standards, review our Mississippi Warranty of Habitability Guide.
Applicable law: Mississippi Code §89-8-23, Mississippi Code §89-8-25
Destruction or Neglect of the Rental Unit
In Mississippi, landlords can take action when a tenant causes significant damage or neglects the rental property beyond normal wear and tear. Under state law, tenants must maintain the premises, properly dispose of trash, and avoid damaging the unit through misuse or carelessness.
Landlords should gather solid evidence of damage by taking dated photos, recording inspection notes, and saving all repair estimates or invoices. Maintaining clear documentation shows that the damage resulted from tenant neglect, not ordinary use, and supports both eviction and claims against the tenant’s security deposit.
Applicable law: Mississippi Code §89-8-25, Mississippi Code §89-8-31
Tenant is in a Month-to-Month Rental Contract
In Mississippi, landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so, the landlord must provide a written 30-day Notice to Quit, which gives the tenant 30 days to move out. If the tenant stays beyond that deadline, the landlord can file an eviction case through the local court.
For straightforward guidance on notice timing and documentation, landlords can review our Mississippi month-to-month rental agreement template.
Applicable law: Mississippi Code §89-8-19
Step-by-Step Eviction Process in Mississippi
The eviction process in Mississippi follows a clear legal path that every landlord must complete carefully from start to finish. Each step ensures the eviction stays valid and enforceable under state law.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
In Mississippi, landlords must first identify the reason for eviction, such as unpaid rent, a lease violation, or illegal activity. Once the cause is clear, the landlord must serve the appropriate notice. If the problem can be fixed (for example, the renter has an unauthorized pet or occupant), the tenant must receive time to correct it before the case moves forward.
For severe or non-curable violations, such as criminal conduct or repeat lease breaches within 6 months, landlords can issue a notice that requires the tenant to leave without the option to fix the issue. Mississippi law allows landlords to deliver notices in person, to a resident over 16 years old at the property, or by posting and mailing when necessary.
Notice Forms & Timelines
- 3-Day Notice to Quit for Nonpayment of Rent – gives the tenant 3 days to pay or vacate.
- 14-Day Notice to Comply or Vacate – gives the tenant 14 days to fix a lease violation or move out.
- 14-Day Notice to Vacate for Repeat Violations – applies when the tenant repeats the same violation within 6 months.
- 30-Day Notice to Quit for Month-to-Month Tenancy – ends the tenancy without cause, giving 30 days to vacate.
Applicable law: Mississippi Code §89-7-23, Mississippi Code §89-7-27, Mississippi Code §89-8-13
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends or the tenant does not correct a curable violation, the landlord will move forward by filing a Complaint for Unlawful Entry and Detainer with the appropriate Mississippi justice or county court. The complaint will include the reason for eviction and proof that the proper notice was delivered.
After filing, the landlord will pay a filing fee that typically ranges from $75 to $100, depending on the county. Once the paperwork is processed, the court clerk will issue a summons and schedule a hearing date for both the landlord and tenant to appear.
Applicable law: Mississippi Code §89-7-23, Mississippi Code §89-7-27
3. Serve Court Summons Paperwork to the Tenant
Once the court clerk schedules a hearing date, the landlord will arrange for delivery of the summons and complaint to the tenant. In Mississippi, only the county sheriff, constable, or another adult authorized by the court who is not part of the case may serve these papers. The server will complete a proof of service form showing when and how the documents were delivered, and must deliver it to court for verificaiton.
After receiving the summons, the tenant will not need to file a written response but must appear in court on the scheduled date. Both the landlord and the tenant should bring copies of the lease, payment records, notices, and any other evidence supporting their case.
Applicable law: Mississippi Code §89-7-31
4. Attend the Eviction Hearing
When the court date arrives, the landlord will appear before the judge with all necessary documentation, and the tenant or their attorney will have the chance to do the same. The landlord will present the lease, payment history, served notices, and proof that the tenant received proper notice of the eviction.
During the hearing, the judge will review all the evidence and may ask questions to clarify details of the case. Both parties may present witnesses, written statements, and other documents that support their side. The landlord should remain organized and clear when explaining why the eviction is justified.
Applicable law: Mississippi Code §89-7-35
5. Court Reaches a Ruling
After reviewing all the evidence and hearing both sides, the judge will reach a decision. In Mississippi, most judges issue their ruling the same day as the hearing, although some courts may take a few days to finalize the written judgment.
If the judge rules in the tenant’s favor, the tenant will remain in the rental unit. If the judge rules in favor of the landlord, the landlord will receive a Judgment for Possession, and the tenant will have 5 days to move out before a Writ of Possession is issued. Tenants who wish to appeal must file a notice of appeal within 5 days of the ruling and post a bond with the court.
Applicable law: Mississippi Code §89-7-35
6. Judge Issues a Writ of Possession
When the judge rules in favor of the landlord, the court will issue a Writ of Possession. This legal document authorizes the landlord to repossess the rental unit and directs the sheriff or constable to remove the tenant if the tenant fails to leave voluntarily. It serves as the final step before physical possession is restored.
The tenant will have 5 days from the date of judgment to vacate the property. If the tenant remains after that period, the sheriff or constable will enforce the writ and return the rental unit to the landlord. Landlords should keep copies of all court paperwork and stay in contact with local law enforcement to ensure the process moves efficiently.
Applicable law: Mississippi Code §89-7-35
7. Law Enforcement Executes the Writ of Possession
If the tenant does not move out by the deadline, the county sheriff or constable (not the landlord) will carry out the Writ of Possession. The officer will visit the rental property, remove the tenant and any other occupants, and return control of the unit to the landlord.
Mississippi law does not include specific rules for handling property left behind by tenants after an eviction. Because there are no statewide requirements, landlords may decide how to manage or dispose of abandoned belongings. Keeping written records and photos of any items left on-site can help prevent future disputes.
Applicable law: Mississippi Code §89-7-35
Tenant Defense Against Eviction in Mississippi
In Mississippi, an eviction can significantly affect a tenant’s stability. It can lower credit scores, limit future housing options, and disrupt daily life. Still, tenants have legal rights and may take specific actions to defend themselves before a case reaches court.
Some tenants will try to resolve the issue by contacting the landlord early, requesting a repayment plan, or asking for extra time to pay rent. Others may argue that the landlord gave improper notice or failed to maintain the property in a safe, livable condition. These defenses can delay or stop an eviction if the tenant provides clear documentation.
Landlords should expect that some tenants will seek legal help during this process. Many rely on Mississippi Legal Services, which offers free or low-cost assistance to tenants facing eviction or housing disputes.
Timelines to Expect
In Mississippi, an eviction can be completed in 2 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Mississippi eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing/Serving Summons | 5 Business Days |
| Court Ruling | 5-10 Business Days |
| Court Serving Writ of Execution | 1-5 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of the Mississippi Eviction Process
Typical Court Fees
The total cost of an eviction in Mississippi for all filing, court, and service fees varies heavily on which court the eviction is filed in. For cases filed in Justice Court (claims under $3,500), the average cost is $245. For cases filed in County Court (claims over $3,500), the average cost is $287.
| Fee | Justice | County |
| Initial Court Filing | ~$85 | ~$161 |
| Summons Service | ~$45+ | ~$45+ |
| Warrant of Removal Issuance | ~$70+ | ~$36+ |
| Warrant of Removal Service | $45 | $45 |
| Notice of Appeal Filing (Optional) | ~$166 | ~$161 |
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