A Mississippi 14 Day Notice to Vacate is an eviction document delivered to the tenant for committing the same or a similar lease violation, which recurred within six (6) months. Tenants do not have the option to fix the violation and must move out within fourteen (14) calendar days.
When to Use a Mississippi 14 Day Notice to Vacate
Use a 14 Day Notice to Vacate to begin the eviction process in Mississippi if the tenant committed substantially the same or a similar lease violation, that constituted a prior notice for noncompliance, which recurred within a six (6) month period.
If this is the tenant’s first lease violation, the landlord shall serve the 14 Day Notice to Comply or Vacate instead to give the tenant a chance to fix the issue.
If the above is not 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 Comply or Vacate – If the tenant violated the rules with too many occupants residing in the rental unit, parked a vehicle in an unauthorized area or violated other terms of the lease.
- 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 Vacate
The Mississippi 14 Day Notice to 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;
- Check the box to indicate a repeat lease violation that recurred;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 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.
- 1 MS Code § 89-8-13
Noncompliance with Lease: If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the non-breaching party may terminate the rental agreement upon at least fourteen (14) days’ notice 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 breach and the date of termination of the rental agreement.Source Link
- 2 Mississippi Court Rules of Civil Procedure - Rule 4
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
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
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.Source Link