A Mississippi 7 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a week-to-week lease. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
When To Use a Mississippi 7 Day Notice To Vacate
A Mississippi 7 Day Notice To Vacate end a week-to-week lease, or a rental situation with no written lease where the tenant pays rent weekly.
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 7 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 7 Day Notice To Vacate
Mississippi law is not specific on how landlords and tenants must deliver an initial written Notice To 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 other party
- Hand delivery to a person over age 16 who can accept the notice on behalf of the other party, 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 receiving party 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 § 89-8-19
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- The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date.
- 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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