Mississippi eviction laws
Notices, deadlines, court and tenant rights in Mississippi — in plain English.
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Overview
- The court case
- Residential eviction (action for possession)
- Court
- Justice Court, County Court, or Circuit Court in the county where the property is located
- Main laws
- Miss. Code Ann. 89-8-1 et seq. (Residential Landlord and Tenant Act; evictions 89-8-31 to 89-8-45); 89-7-27
Just-cause protection
No statewide law
Mississippi has no just-cause rule. A periodic tenancy can be ended without a reason with proper notice. (Miss. Code Ann. 89-8-19)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 3-Day Notice to Pay Rent or Terminate
The landlord gives a written 3-day notice that the rental agreement will end if rent is not paid. If the tenant pays within 3 days, the tenancy continues. Even after judgment, a tenant evicted only for nonpayment can stop the removal by paying everything owed by the court-ordered move-out date.
3-Day Notice to Pay Rent or Terminate
- Notice period
- 3 days
- Counting
- Count 3 calendar days after the tenant receives the notice. Double-check with the court: if the last day is a weekend or holiday, wait until the next business day.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and property address
- Amount of rent due
- Statement that the rental agreement will terminate if payment is not made within 3 days
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt); Email (only if the tenant agreed in writing). Deliver the written notice to the tenant, or leave it at the unit with a household member, or post it on the door, and keep proof. Email or text message is allowed only if the tenant agreed in writing to be notified that way. Double-check with the court: Mississippi's statute does not list specific delivery methods.
- Law
- Miss. Code Ann. 89-8-13(3)
- Since the 2025 amendments (SB 2328), the judgment must give the tenant at least 7 days to move out, and a warrant cannot issue in a nonpayment-only case if the tenant pays all amounts owed by the move-out date.
The tenant broke the lease or rules — 14-Day Notice to Cure or Terminate
For a material lease violation, the landlord gives written notice describing the breach and saying the lease will end in at least 14 days unless the tenant fixes it within 14 days. A repeat of substantially the same breach within 6 months allows a 14-day notice with no cure.
14-Day Notice to Cure or Terminate
- Notice period
- 14 days
- Counting
- Count 14 calendar days from receipt.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and property address
- The acts or omissions that are the breach
- Statement that the rental agreement will terminate on a date at least 14 days after receipt unless the breach is remedied within 14 days
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt); Email (only if the tenant agreed in writing). Deliver the written notice to the tenant, or leave it at the unit with a household member, or post it on the door, and keep proof. Email or text message is allowed only if the tenant agreed in writing to be notified that way. Double-check with the court: Mississippi's statute does not list specific delivery methods.
- Law
- Miss. Code Ann. 89-8-13
The lease ended and the tenant stayed — no notice required
When a fixed-term lease ends, no notice to terminate is required; the landlord can file if the tenant stays past the end date without permission.
- A written demand for possession before filing is recommended. A holdover tenant may owe extra rent (89-8-45).
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Terminate Tenancy
A month-to-month tenancy can be ended by written notice at least 30 days before the end date; week-to-week needs 7 days.
30-Day Notice to Terminate Tenancy
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- Count calendar days; notice must be given at least 30 days (7 for week-to-week) before the termination date.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Statement that the tenancy terminates and the date
- Landlord signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door; Certified mail (return receipt); Email (only if the tenant agreed in writing). Deliver the written notice to the tenant, or leave it at the unit with a household member, or post it on the door, and keep proof. Email or text message is allowed only if the tenant agreed in writing to be notified that way. Double-check with the court: Mississippi's statute does not list specific delivery methods.
- Law
- Miss. Code Ann. 89-8-19
Illegal activity, violence or serious damage — no notice required
If the tenant commits a substantial violation of the lease or the Act that materially affects health or safety, the periodic-tenancy notice is not required. For other illegal activity, use the 14-day breach notice.
- Double-check with the court: Mississippi law does not set a specific short notice for criminal activity; a written notice of termination is recommended before filing.
How a tenant responds
No written answer is required. The summons tells the tenant to leave or appear at a hearing on the date named; the tenant should appear and present defenses. If the tenant does not appear, a default judgment may be entered. After judgment the tenant has at least 7 days to move out.
Deadline: at the hearing (no fixed written-answer deadline) · Miss. Code Ann. 89-8-35, 89-8-37, 89-8-39
City and local rules
- No major city in Mississippi has its own just-cause or eviction notice rules.
Official court forms
Landlords
- Complaint for Residential Eviction (sample)
- Residential Eviction Summons (sample)
Sources
- Miss. Code 89-8-13 (Justia 2025)
- Miss. Code 89-8-19 (Justia)
- Miss. SB 2328 (2025)
- Miss. Code 89-8-35 (Justia)
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.