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.
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
Steps of the eviction process in Mississippi:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court due to unresolved issues
- Court holds a hearing and issues a judgment
- Writ of execution is issued
- 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:
- Hand delivery to the tenant
- 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
- Delivery by first class mail, with postage prepaid and a declaration of service in a return envelope, postage prepaid
- 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.
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.
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:
- Giving a copy to the tenant in person
- Leaving a copy with a family member over the age of 16 AND mailing a copy via first class mail.
- 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
- 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.
For evictions heard in the county court, the summons must be served at least 5 days prior to the return date.
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.
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.
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.
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.
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.
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 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 |
Sources
- 1 MS Code §89-7-27 (2019)
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After any default in the payment of the rent…and three (3) days’ notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person who owes the rent.
- 2 MS Code §89-8-19 (2019)
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(2) …may terminate a week-to-week tenancy by written notice given…at least seven (7) days prior to the termination date. (3) …may terminate a month-to-month tenancy by a written notice given…at least thirty (30) days prior to the termination date. (4) …notice to terminate…shall not be required…when the…tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety.
- 3 MS Code §89-8-13 (2019)
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(1) If there is a material noncompliance…with the rental agreement or the obligations imposed by Section 89-8-25… (3) … may deliver a notice … in writing… that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days…
- 4 MS Code § 89-8-19 (2020)
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4. Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety.
- 5 Bender v. North Meridian Mobile Home Park
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…the lease between the landlord and the tenant included a provision which gave the landlord the right to remove the tenant and take possession of the premises without notice for tenant’s failure to pay rent. The Court stated that without such provision in the lease the landlord would have been required to follow the statutory process…
- 6 MS Code § 89-8-17 (2020)
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Notwithstanding the provisions of Section 89-8-13, the landlord may, at any time after the expiration of a rental agreement, recover possession of the dwelling unit, cause the tenant to quit the dwelling unit involuntarily, demand an increase in rent or decrease the services to which the tenant has been entitled in accordance with any other provisions of this chapter, if such actions by the landlord did not have the dominant purpose of retaliation against the tenant for his actions authorized under this chapter and the landlord received written notice of each condition which was the subject of such actions of the tenant.
- 7 MS Rules of Civil Procedure, Rule 4 (2019)
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(c)(1) A summons and complaint shall…be served by any person who is not a party and is not less than 18 years of age… (c)(2)…at the written request of a party seeking service or such party’s attorney, be served by the sheriff of the county in which the defendant resides or is found, in any manner prescribed by subdivision (d) of this rule…
- 8 MS Code §11-25-109 (2019)
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…before the judge of the county court…at a day to be named not more than ten days, or less than five days, after the date of issuance of the said warrant; and the cause shall be triable … provided the defendant has been served with process at least five days before the return day of writ.
- 9 MS Rules of Civil Procedure, Rule 4 (2019)
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(a)(1)(C) Make service by publication under subparagraph (c)(4) of this rule.
- 10 MS Rules of Civil Procedure, Rule 4 (2019)
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(d)(1)(A) by delivering a copy…to him personally…or (B) …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…and by thereafter mailing a copy of the summons and complaint (by first class mail, postage prepaid)…
- 11 MS Code §89-7-33 (2019)
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Such summons shall be served as a summons is served in other cases, if the tenant can be found; if not, then by putting up a copy in some conspicuous place on the premises where the tenant last or usually resided.
- 12 MS Code §89-7-39 (2019)
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The court may, at the request of either party, adjourn the hearing from time to time, a single adjournment not to exceed ten (10) days, except by consent, and may issue subpoenas and attachments to compel the attendance of witnesses. However, in hearings for eviction, no adjournment shall extend the entire hearing beyond forty-five (45) days from the date the eviction action was filed.
- 13 MS Code §11-25-23 (2019)
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If the finding be for the plaintiff, the justice court judge shall render judgment in favor of the plaintiff…but a writ of…execution shall not issue within five (5) days from the date of the judgment.
- 14 MS Code §11-25-113 (2019)
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If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff… provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment.
- 15 MS Code §89-7-45 (2019)
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…the full and complete amount of rent due, including any late fees…and the costs of the proceedings, have been paid…the magistrate shall not issue a warrant for removal. If…not…paid in full …the magistrate must immediately issue the warrant…unless…for good cause shown, a stay not to exceed three (3) days would best serve the interests of justice and equity…
- 16 Miss. R. Civ. P. 4(d)(1)
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Service by sheriff or process server shall be made as follows:
(1) Upon an individual other than an unmarried infant or a mentally incompetent person, Source Link(A) by delivering a copy of the summons and of the complaint 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 of the summons and complaint 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 of the summons and complaint (by first class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing. - 17 Miss. Code § 89-8-13(3)
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The nonbreaching party may deliver a notice to the party in breach in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the acts and omissions constituting the breach and that the rental agreement will terminate…
Source Link - 18 Miss. R. Civ. P. 4(c)(3)
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(3) By Mail.
(A) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender. (B) If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint may be made in any other manner permitted by this rule. Source Link - 19 Miss. R. Civ. P. 6(e)
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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.
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