Mississippi Eviction Process

Mississippi Eviction Process

Last Updated: March 21, 2024 by Roberto Valenzuela

From start to finish, an eviction in Mississippi takes around 2 to 8 weeks, depending on the reason for the eviction, whether the tenant contests it, and which court the eviction is held in.

Grounds for an Eviction in Mississippi

In Mississippi, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating the terms of the lease
  • Repeating lease violations

Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days Yes
End of Lease or No Lease 30 Days No
Lease Violation 14 Days Yes
Repeat Lease Violation 14 Days No

Nonpayment of Rent

In Mississippi, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Mississippi the day immediately after its due date. Mississippi landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

example

If rent is due on July 1st, it will be considered late starting on July 2nd, unless the lease specifically states there is a grace period.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Mississippi, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Mississippi, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Mississippi landlord-tenant law. To do so, the landlord must first serve the tenant a 14 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.

Examples of lease violations include:

  • Failing to maintain the premises in a clean and sanitary manner
  • Allowing unauthorized occupants or pets to reside in the rental unit
  • Causing minor property damage
  • Interfering with the peace and enjoyment of other persons
  • Refusing to allow the landlord access to the premises

    If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

    Repeat Lease Violations

    In Mississippi, a landlord can evict a tenant for repeating the same or a similar lease violation within 6 months. To do so, the landlord must first serve the tenant a 14 days’ notice to vacate.

    The tenant does not have a chance to fix the issue and must move out within the 14-day period. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

    Illegal Evictions in Mississippi

    In Mississippi, there are a few different types of eviction actions that are illegal.

    “Self-Help” Evictions

    Unlike most states, Mississippi landlords can take certain self-help actions to forcibly evict a tenant upon the expiration of their lease. However, the lease must include a provision granting the landlord the right to remove the tenant and take possession of the premises. Self-help procedures include:

    • Shutting off utilities
    • Decreasing services
    • Demanding an increase in rent
    • Removing tenant belongings

    Additionally, a self-help eviction cannot be in retaliation against the tenant for exercising their rights under state law. If a lease does not contain a provision granting the landlord the right to a self-help eviction, the self-help eviction is illegal and the tenant can only be legally removed with a court order obtained through a formal eviction process.

    Retaliatory Evictions

    It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. While Mississippi law doesn’t outline specific legally protected rights, most states recognize the following as retaliatory actions:

    • Complaining about habitability issues to the landlord or any authority tasked to enforce the law
    • Filing a complaint to a government authority
    • Joining a tenant’s union or organization

    Read More

    Eviction notice posted on iPropertyManagement.com

    Steps of the eviction process in Mississippi:

    1. Landlord serves tenant with written notice of violations
    2. Landlord files complaint with court due to unresolved issues
    3. Court holds a hearing and issues a judgment
    4. Writ of execution is issued
    5. Possession of property is returned to landlord

    Step 1: Landlord Serves Notice To Tenant

    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.

    tip

    Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

    3-Day Notice To Quit

    In Mississippi, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or vacate the premises.

    30-Day Notice To Vacate

    For a tenant with no lease or a month-to-month lease in Mississippi, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

    However, for tenants that don’t pay monthly, the amount of notice differs:

    Rent Payment Frequency Notice Amount
    Week-to-Week 7 Days
    Month-to-Month 30 Days
    Year-to-Year 30 Days

    14-Day Notice To Comply or Vacate

    In Mississippi, if a tenant commits a violation of the terms of their lease or legal responsibilities, the landlord can serve them a 14-Day Notice To Comply or Vacate. This eviction notice gives the tenant 14 days to fix the issue or move out.

    14-Day Notice To Vacate

    In Mississippi, if a tenant repeats the same or a similar lease violation within a six-month period, the landlord can serve them a 14-Day Notice To Vacate. This eviction notice gives the tenant 14 days to move out without the chance to fix the issue.

    Eviction Complaint Filed on iPropertyManagement.com

    Step 2: Landlord Files Lawsuit with Court

    As the next step in the eviction process, Mississippi landlords must file a complaint in the appropriate county or justice court. Filing fees may vary in the state, for example, in the Hinds County Justice Court, this costs $75.

    The summons and complaint must be served on the tenant by the sheriff or anyone over the age of 18 who isn’t part of the case, at least 5 days prior to the summons return date for county court cases, through one of the following methods:

    1. Giving a copy to the tenant in person
    2. Leaving a copy with a family member over the age of 16 AND mailing a copy via first class mail.
    3. Publishing a copy in a local paper when all other methods fail. The publication shall be made once a week for three consecutive weeks. If there is no newspaper, then in the court house
    4. Posting a copy in a conspicuous place on the rental property

    The deadline to serve the summons for eviction cases heard in the Justice Courts isn’t specified in Mississippi statutes.

    note

    For evictions heard in the county court, the summons must be served at least 5 days prior to the return date.

    Eviction Court Hearing on iPropertyManagement.com

    Step 3: Court Holds Hearing and Issues Judgment

    County court eviction cases will be heard 5-10 days after the date the summons was issued by the court. Mississippi state law doesn’t specify how quickly evictions heard in the Justice Courts must be held after the complaint is filed or the summons is issued.

    If the tenant fails to appear for the hearing, the judicial officer may issue a default ruling in favor of the landlord, meaning the tenant will need to move out.

    For nonpayment of rent evictions, the court may grant a 10-day continuance, giving the tenant an extra 10 days to prepare for the hearing.

    If the judge rules in favor of the landlord, either through a default judgment or at the eviction hearing, a writ of execution will be issued, and the eviction process will continue.

    note

    A court will hold a hearing 5-10 days after the summons is issued. State law doesn’t specify how quickly cases must be heard in Justice Courts.

    Eviction Writ of Execution on iPropertyManagement.com

    Step 4: Writ of Execution Is Issued

    The writ of execution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff, constable of the county or the marshal of the municipality returns to the property to forcibly remove the tenant and the tenant’s personal belongings.

    If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of execution. For all evictions except those due to nonpayment of rent, this will be done 5 days after the ruling in favor of the landlord for both Justice Court and County Court.

    For nonpayment of rent evictions, the writ will be issued immediately, unless a 3-day stay is granted for good cause.

    note

    A writ of execution will be issued anywhere from a few hours to 5 days depending on the reason for the eviction, and whether a 3-day stay is granted.

    Eviction property possession returned on iPropertyManagement.com

    Step 5: Possession of Property is Returned

    Mississippi state law doesn’t specify whether tenants have additional time after the writ of execution is issued by the court to move out of the rental unit. Tenants should be prepared to move out immediately.

    The judicial officer will announce in their ruling how much additional time (if any) the tenant has to move out of the rental unit before law enforcement officers return to forcibly remove the tenant from the rental unit.

    The judge shall determine if the landlord is granted exclusive possession of the rental unit. If the judge grants the possession and the tenant does not remove their personal property from the premises before the date and time granted by the court, the landlord may dispose of the personal property without further notice or legal action.

    note

    Possession of property will be returned within a few hours to a few days depending on whether the judicial officer allows tenants to have additional time to move out after the writ of execution is issued.

    Mississippi Eviction Process Timeline

    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 Mississippi Eviction Process

    Mississippi Eviction Process Flowchart on iPropertyManagement.com

    Mississippi Eviction 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

    Read more

     

    Sources