A Mississippi eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Mississippi.
Types of Mississippi Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
3-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Mississippi law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed, and that the tenant may pay all past-due rent in full to avoid eviction.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
30-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Mississippi if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Mississippi landlords are required to allow tenants to correct a lease violation and must provide tenants with a 30-Day Notice to Comply, giving the tenant 30 days to correct the issue to avoid eviction.
If the tenant fixes or “cures” the violation but commits the same violation within a six-month timeframe, the landlord shall provide the tenant with a 14-Day Notice to Quit.
Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity may be included in this category; however, no notice is required if the activity affects others’ health and safety.
If the tenant fails to correct the issue by the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice must include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation;
- How long the tenant has to correct the issue; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
Get the downloadable 30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30-Day/2-Month Lease Termination Notice (No Lease/End of Lease)
In the state of Mississippi, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Year-to-Year – If rent is paid on a year-to-year basis, a landlord must provide the tenant with a 2-Month Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 7/30-Day/2-Month Lease Termination Notice form template below (.pdf direct link).
What to Include in Mississippi Eviction Notices
The information required on eviction notices in Mississippi varies depending on the reason for the eviction. However, on all notices it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Mississippi
In the state of Mississippi, landlords can deliver an eviction notice via email or text message, as long as the tenant has previously agreed to receive communications from the landlord electronically.
There could be additional ways eviction notices may be served that are not specified at the state level.
Eviction Process in Mississippi
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If an eviction granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Mississippi, click here.