A Mississippi lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 30 days notice must be provided before the tenancy can end.
Types of Mississippi Lease Termination Notice Forms
|Notice Form||Lease Type|
|7 Day Notice to Vacate||Weekly|
|30 Day Notice to Vacate||Monthly / Yearly|
Mississippi 7 Day Notice to Vacate
A Mississippi 7 Day Notice to Vacate is an official form used for terminating a week-to-week lease. This notice may also be used for tenants with no written lease that pay rent weekly. There is no option to continue the arrangement and the tenancy will end within seven (7) calendar days.
Mississippi 30 Day Notice to Vacate
A Mississippi 30 Day Notice to Vacate is an official lease termination letter used to terminate a rental agreement, including a month-to-month or year-to-year lease. This notice 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 notice must be provided at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write a Lease Termination Notice in Mississippi
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 Calculate Expiration Date in Mississippi
A lease termination letter takes effect the day after it is served. Lease termination letters must be delivered at least the legally required number of calendar days in advance of the termination date. For example, with a month-to-month lease, to terminate the tenancy on June 30th, the letter must be served by either party before June 1st.
If the last day of the notice period falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the following judicial day (a day when the courthouse is open).
How to Serve a Lease Termination Notice in Mississippi
A landlord or 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 week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date.
- 2 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.
- 3 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
- 4 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
- 5 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