A Mississippi 3 Day Notice to Quit is a legal eviction letter written by the landlord and served to the tenant for nonpayment of rent. The tenant has the option to pay the balance due or vacate the premises within three (3) judicial days (not counting weekends or legal holidays).
When to Use a Mississippi 3 Day Notice to Quit
Use a 3 Day Notice to Quit to begin the eviction process in Mississippi if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 14 Notice to Vacate – If the tenant committed the same lease violation that constituted a prior notice for noncompliance within a six (6) month period.
- 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 3 Day Notice to Quit
The Mississippi 3 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- Explain where the total amount due should be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve a Mississippi 3 Day Notice to Quit
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 § 89-7-27
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After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when complete satisfaction of the rent and any late fees due cannot be obtained by distress of goods, 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.
Source Link - 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 § 89-7-27
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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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