A Mississippi 14 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a lease violation, such as parking in unauthorized areas. The tenant is given the chance to correct the lease violation or vacate the premises within fourteen (14) calendar days.
When to Use a Mississippi 14 Day Notice to Comply or Vacate
Use a 14 Day Notice to Comply or Vacate to begin the eviction process in Mississippi:
- If the tenant violated the lease with unauthorized occupants residing at the premises.
- If the tenant caused health or safety violations.
- If the tenant parked in an unauthorized area on the premises.
- If the tenant committed any other violations of the lease.
If the tenant violates the same or a similar provision of the lease within a six (6) month period, that constituted a prior notice for noncompliance, the landlord may terminate the tenancy by serving the 14 Day Notice to Vacate.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 14 Day Notice to Vacate – If the tenant committed the same lease violation that constituted a prior notice for noncompliance within a six (6) month period.
- 30 Day Notice to Vacate – If the tenant or landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants that have no written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Mississippi 14 Day Notice to Comply or Vacate
The Mississippi 14 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Indicate if the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by (if applicable);
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Mississippi 14 Day Notice to Comply or Vacate
A landlord can deliver notices in Mississippi using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to the tenant’s spouse or other family member over the age of 16;
- Mailing the notice by first class mail with postage prepaid;
- Sending the notice electronically (via email message or text message) if both parties agreed in writing.
When sending the notice by first class mail, add three (3) calendar days to the notice period to account for variability in post office 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 Mississippi Court Rules of Civil Procedure - Rule 4
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Upon an individual, (A) by delivering a copy 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 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 (by first class mail, postage prepaid) to the person to be served.
Source Link - 3 MS Code § 89-8-13
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Notice of default by email or text message is proper if the party has agreed in writing to be notified by that means.
Source Link - 4 Mississippi Court Rules of Civil Procedure - Rule 6
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Additional Time if Service by Mail: 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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