A Mississippi 30 Day Notice to Vacate is a legal letter written to terminate a rental agreement, including a month-to-month or year-to-year lease. The letter is provided by either party at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.
When to Use a Mississippi 30 Day Notice to Vacate
A landlord or a tenant may use a Mississippi 30-Day Notice to Vacate to terminate a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease.
How to Write a Mississippi 30 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve a Mississippi 30 Day Notice to Vacate
A landlord or a tenant can deliver lease termination notices in Mississippi using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person, over the age of 16, that can accept the notice on behalf of the party;
- 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 § 89-8-19
- The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.
- 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 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