A Mississippi eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Mississippi, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Mississippi Eviction Notice Forms
|3 Day Notice to Quit||Unpaid Rent||Yes|
|14 Day Notice to Comply or Vacate||Lease Violation||Yes|
|14 Day Notice to Vacate||Repeat Lease Violation||No|
|30 Day Notice to Vacate||No Lease||No|
Mississippi 3 Day Notice to Quit
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A Mississippi 3 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due or move out and deliver possession of the premises within three (3) judicial days (not counting weekends and legal holidays).
Mississippi 14 Day Notice to Comply or Vacate
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A Mississippi 14 day Notice to Comply or Vacate eviction form is used for a curable breach of the lease. Lease violations include refusing to allow the landlord access to the rental unit, allowing unauthorized occupants to reside at the premises or parking in unauthorized areas. The tenants have the chance to fix the violation, but if they fail to comply, they must move out of the premises within fourteen (14) calendar days.
However, if the tenant violates the same or a similar provision of the lease within a six (6) month period, which constituted a prior notice for noncompliance, the landlord may terminate the tenancy by serving the 14 Day Notice to Vacate.
Mississippi 14 Day Notice to Vacate
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A Mississippi 14 day Notice to Vacate eviction form is used for an incurable breach of the lease for a repeat lease violation. If the tenant received a prior notice for noncompliance for the same or a similar violation of the lease within a six (6) month period, the rental agreement shall terminate. The tenants do not have the option to correct the violation and must move out of the rental unit within fourteen (14) calendar days.
Mississippi 30 Day Notice to Vacate
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A Mississippi 30 day Notice to Vacate is used to terminate a rental agreement, including a month-to-month or year-to-year lease. This lease termination 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. The letter shall be provided to either party at least thirty (30) calendar days before the termination date.
How to Write an Eviction Notice in Mississippi
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Mississippi
Eviction notices take effect the day after they are served. If the notice period is less than seven (7) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is seven (7) days or more, all days are counted in the period, including weekends and legal holidays. If the last day falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in Mississippi
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.
- 1 Mississippi Court Rules of Civil Procedure - Rule 6
Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as defined by statute, or any other day when the courthouse or the clerk’s office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk’s office is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.Source Link
- 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