Late Rent Notice Requirements in Mississippi 2025
Grace period, late fee cap, and pay-or-quit notice rules
When a Mississippi tenant misses rent, you cannot go straight to court. State law requires you to first serve a written pay-or-quit notice giving the tenant three days to pay in full or surrender the property. That period comes from Miss. Code Ann. § 89-8-13(5), part of the Residential Landlord and Tenant Act, and it is the trigger that lets you later file for possession under Miss. Code Ann. § 89-7-27. Get the notice wrong and a justice court judge can dismiss your case, sending you back to the start.
Mississippi's period is short compared with many states, but the content and delivery rules are specific. This page walks through the day count, how to serve the notice, what it must say, and the tenant's right to cure by paying before the deadline.
The 3-day pay-or-quit period
Under Miss. Code Ann. § 89-8-13(5), when a tenant's breach is nonpayment of rent, the landlord may deliver a written notice stating that the rental agreement will terminate if the rent is not paid within three (3) days. This is Mississippi's equivalent of a pay-or-quit notice: pay the past-due rent in full within those three days, or the tenancy ends and the landlord may proceed to court.
Mississippi does not impose a statutory grace period before rent is considered late, and it does not cap late fees by statute, so the due date and any fees are governed by your lease. The three-day clock is separate from anything the lease says about when rent is due; it starts once the tenant has received a proper notice. Because the window is so short, serve the notice promptly and document the delivery date, since the judge will look for proof that the full three days ran before you filed.
How to serve the notice
The notice must be in writing. Mississippi law also allows delivery by email or text message, but only if the tenant has agreed in writing to be notified that way. Absent that written agreement, an emailed or texted notice does not satisfy the statute, so a physical written notice is the safe default for most landlords.
Keep evidence of service. Hand delivery with a witness, or a dated copy paired with proof of how and when it reached the tenant, protects you if the tenant later claims they never received it. Under Miss. Code Ann. § 89-7-27, the later court complaint must show that proper notice was delivered, so treat the delivery record as part of your case file from day one.
What the notice must say
A defensible Mississippi pay-or-quit notice identifies the tenant and the rental address, states the amount of unpaid rent owed, and makes clear that the rental agreement will terminate if payment is not made within three days of the tenant receiving the notice. It should also state the date by which payment must be made and that the landlord will seek possession if the tenant neither pays nor moves out.
Tie the demand to the lease. A justice court judge hearing a nonpayment case is directed to follow the terms of the signed rental agreement, so the amount you demand should match what the lease actually authorizes, unpaid rent plus any charges the lease treats as rent. Inflating the balance with disputed fees gives the tenant an argument that the notice was defective.
The tenant's right to cure
Mississippi's pay-or-quit notice is a cure notice: if the tenant pays the full unpaid amount within the three-day window, the breach is remedied and the tenancy continues. You cannot refuse a timely, full payment and still evict for that same nonpayment. Partial payments are a judgment call, accepting one can undercut a later possession claim, so decide your policy before you serve the notice and apply it consistently.
If the three days pass with no payment and the tenant stays, the tenancy is terminated and the tenant is holding over. At that point you move to the court stage under Miss. Code Ann. § 89-7-27 by filing a Complaint for Unlawful Entry and Detainer in the justice court (or county court) for the county where the property sits. Only the court and a court-authorized officer can remove the tenant; self-help lockouts and utility shutoffs are not permitted.
When a longer notice applies instead
The three-day pay-or-quit notice is only for nonpayment of rent. To end a tenancy that has no fixed lease term, Miss. Code Ann. § 89-8-19 requires different notice: at least 30 days to terminate a month-to-month tenancy and at least 7 days for a week-to-week tenancy. That statute also provides that no advance notice is required when the tenant has committed a substantial violation that materially affects health or safety.
Watch the federal overlay. For properties covered by the CARES Act, those with a federally backed mortgage or participating in a federal housing program, 15 U.S.C. § 9058(c) still requires a 30-day notice to vacate before eviction for nonpayment. Where it applies, that 30-day federal notice, not Mississippi's 3-day period, sets the minimum before you can move for possession.
The Pay-or-Quit Notice Process in Mississippi
Once rent is late and no grace period applies, the landlord must serve a formal 3-day pay-or-quit notice (Miss. Code § 89-7-27) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Mississippi court.
- Rent due date: As stated in the lease
- Pay-or-quit notice may be served: Day 1 or later
- Notice period expires: Day 3 after the due date
- Eviction filing permitted: Day 4 or later
Fill-In Notice Template, Mississippi
This page summarizes Mississippi's Residential Landlord and Tenant Act (Title 89, Chapter 8) and the removal procedure in Miss. Code Ann. § 89-7-27 as in effect in 2026. Notice requirements are drawn from Miss. Code Ann. § 89-8-13(5) (nonpayment) and § 89-8-19 (term terminations). It is general information for landlords, not legal advice; statutes are amended and local justice courts apply their own procedures, so confirm the current code and consult a Mississippi attorney before filing.
Frequently Asked Questions
How many days is a Mississippi late-rent notice?
Three days. Under Miss. Code Ann. § 89-8-13(5), the landlord serves a written notice stating the tenancy terminates if the unpaid rent is not paid within three (3) days of the tenant receiving it.
Can I email or text the pay-or-quit notice?
Only if the tenant has agreed in writing to be notified by email or text. Without that written agreement, the notice must be delivered in writing on paper, and a physical notice is the safest choice in every case.
Does the tenant have a right to cure by paying?
Yes. If the tenant pays the full unpaid amount within the three-day window, the breach is remedied and the tenancy continues. You cannot reject a timely full payment and still evict for that nonpayment.
What happens after the three days expire?
If the tenant neither pays nor moves out, the tenancy is terminated and the tenant is holding over. The landlord then files a Complaint for Unlawful Entry and Detainer in justice or county court under Miss. Code Ann. § 89-7-27. Only the court can order removal.
Is there a grace period before rent is late in Mississippi?
Mississippi has no statutory grace period. When rent is due and whether a late fee applies are governed by your lease. The three-day notice clock is separate and begins once a proper notice reaches the tenant.
Do federal rules change the notice period?
For CARES Act-covered properties (federally backed mortgage or a federal housing program), 15 U.S.C. § 9058(c) requires a 30-day notice to vacate for nonpayment. Where it applies, that federal 30-day notice controls instead of Mississippi's 3-day period.
Related Guides for Mississippi Landlords
Data sourced from Mississippi published statutes (Miss. Code § 89-7-27), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.