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When is Rent Due?
The day of the week or the month that rent is due is stated in the rental agreement. The landlord can state that the rent is late a certain number of days after the day it is due. If the rent is not paid, the landlord serves a 3-Day Notice to Pay Rent or Quit on the tenant. It must be at least three days after this demand for rent with any late fees is made before the landlord can file a Summons and Complaint to start the eviction process.
Types of Eviction Notices
There are four types of eviction notices in the state of Mississippi. They are for non-payment of rent, for material breach of the terms and conditions of the rental agreement, for a second breach of a similar kind within the past six months, and for a material breach of the terms and conditions of the rental agreement that affects the health and safety of others.
Here are how these eviction notices work:
- Non-Payment of Rent: The landlord serves a 3-Day Notice to Pay Rent or Quit on the tenant. After three days, if the rent and late fees remain unpaid, the landlord may start the eviction process.
- Single Breach of Contract: The landlord serves a 30-Days Notice on the tenant for a material breach of the terms and conditions of the rental agreement. The tenant has 30 days from the receipt of the notice to cure (fix) the problem that caused the breach. If the tenant does this, the rental agreement continues. If the tenant fails to cure the breach within 30 days, then, on the next day or thereafter the landlord may start the eviction process.
- Second Breach of Contract Within Six Months: If the tenant commits another breach of contract that is similar to one that happened during the previous six months, which the landlord gave the tenant a notice about, then, the landlord need only serve a 14-Days Notice on the tenant. This shorter notice is for the second similar material breach of the terms and conditions of the rental agreement. If the tenant fails to cure the breach within 14 days, then, on the next day or thereafter the landlord may start the eviction process.
- Danger to Health or Safety: If the tenant commits a breach of contract that threatens the health or safety of others, under Section 89-8-19 (4) of Mississippi law, the landlord does not have to give notice and can immediately start the eviction process.
What Happens After a Notice?
Which the exception of a notice about a tenant creating a danger to the health or safety of others, if the tenant can cure the problem during the notice period, the rental agreement continues. If the tenant does not cure the problem in the time allowed or creates a health or safety danger, the landlord has the right to file a Summons and Complaint with the court of proper jurisdiction to ask the court to give the landlord a judgment that includes damages and repossession of the rental property by evicting the tenant.
How Long Does the Eviction Process Take?
In Mississippi, an eviction may take two to six months depending on the reason for the eviction, how busy the court calendar is, and if the tenant successfully fights the eviction in the courts.
For the laws that govern early termination of lease agreements in Georgia, click here.