A Mississippi 14 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as parking in unauthorized areas. The tenant must take appropriate corrective action, or move out within fourteen (14) calendar days of receiving notice.
When To Use a Mississippi 14 Day Notice To Comply or Vacate
A Mississippi 14 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Occupancy violations
- Health or safety violations
- Parking in an unauthorized area on the premises
- Other violations of the lease
Some types of Mississippi lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Mississippi 14 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Mississippi 14 Day Notice To Comply or Vacate
Mississippi law is not specific on how landlords must deliver an initial written Notice To Comply or Vacate, 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.
Sources
- 1 MS Code § 89-8-13
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- If there is a material noncompliance by the tenant with the rental agreement or the obligations imposed by Section 89-8-25, the landlord may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
- If there is a material noncompliance by the landlord with the rental agreement or the obligations imposed by Section 89-8-23, the tenant may terminate the tenancy as set out in subsection (3) of this section or resort to any other remedy at law or in equity except as prohibited by this chapter.
- The non-breaching 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 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; and the rental agreement shall terminate and the tenant shall surrender possession as provided in the notice subject to the following:
- If the breach is remediable by repairs, the payment of damages, or otherwise, and the breaching party adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate;
- 2 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. - 3 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 - 4 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 - 5 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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