Filing fees, sheriff costs, attorney fees, and lost rent, under Miss. Code § 89-8 (Landlord and Tenant)
Eviction in Mississippi carries specific costs and procedures. Understanding these is critical for any landlord operating within the state, especially those managing 1-20 units. This guide provides an overview of what you can expect in terms of financial outlay, time commitment, and legal requirements. Mississippi’s approach to landlord-tenant law is distinct, and missteps can be expensive.
The primary legal framework governing evictions in Mississippi is Miss. Code § 89-8 (Landlord and Tenant). This statute outlines the rights and responsibilities of both parties and dictates the necessary steps for lawful eviction. Unlike some states with complex "just-cause" eviction requirements, Mississippi does not have statewide just-cause eviction laws. This simplifies certain aspects but still requires strict adherence to notice periods and court procedures.
Eviction costs in Mississippi are not a single, fixed figure. They are a combination of court fees, legal representation (if you choose it), lost rent, property damage, and the time you invest. For a typical non-payment of rent eviction, you are looking at a minimum of $150-$300 in court filing fees and service of process costs alone. This figure can rise quickly depending on the county and the complexity of serving the tenant.
The time factor is also a significant cost. From the initial notice to regaining possession, a Mississippi eviction can take anywhere from 30 to 60 days, or even longer if the tenant contests the eviction or appeals. During this period, you are likely not collecting rent, which directly impacts your bottom line. For a property renting at $1,000 per month, a two-month eviction process means $2,000 in lost rental income, in addition to direct legal costs.
The primary regulators for eviction proceedings in Mississippi are the Justice Courts (also known as Small Claims Courts) in the county where your property is located. These courts handle landlord-tenant disputes, including unlawful detainer actions. The Justice Court judge will hear your case and issue a judgment. There is no specialized housing court system, meaning you will be dealing with general civil court procedures.
For landlords with 1-20 units, the practical bottom line is this: prepare for costs beyond just filing fees. Budget for potential attorney fees, especially if you are unfamiliar with court procedures or if the tenant presents a defense. Many landlords opt for self-representation to save money, but this requires meticulous attention to detail and strict adherence to court rules. Don't assume the court will guide you; you are responsible for presenting your case correctly.
A common landlord mistake in Mississippi is improper notice. For non-payment of rent, a 3-day notice to quit is required. For a no-cause eviction (for month-to-month tenancies), a 30-day notice is necessary. Issuing the wrong notice, or one with incorrect dates or tenant information, can lead to your case being dismissed. This means starting the entire process over, incurring additional time and costs. Don't use generic online forms; ensure your notices comply specifically with Mississippi law. Do use forms provided by legal counsel or reputable state-specific landlord associations.
As of recent legislative sessions, Mississippi lawmakers have shown ongoing interest in landlord-tenant relations, though significant overhauls to the eviction process are less common than in some other states. One area of discussion often revolves around clarity regarding security deposit handling. While there is currently no statutory cap on security deposits in Mississippi, legislative proposals occasionally surface to define return timelines or permissible deductions more precisely. Landlords should stay informed about any changes that could impact their ability to retain security deposits for damages, as this directly affects the financial recovery post-eviction. For example, a bill might propose a specific timeframe, say 14 or 30 days, for the return of a security deposit after a tenant vacates, or require itemized statements for any deductions. Keeping up with these potential shifts is crucial to avoid future legal challenges.
Another area that has seen legislative attention in other states, and could potentially arise in Mississippi, involves tenant protections during severe weather events or public health emergencies. While Mississippi has not implemented broad eviction moratoria similar to those seen federally during the COVID-19 pandemic, discussions around localized or temporary protections are not out of the question. Landlords should monitor state and local legislative updates closely, as even minor amendments to Miss. Code § 89-8 can alter eviction timelines or notice requirements.
Mississippi has no statutory cap on security deposits. This offers landlords flexibility but also places a greater responsibility on them to manage these funds correctly. Improper handling of a security deposit, such as failing to return it or providing an insufficient accounting of deductions, can lead to a tenant suing you in small claims court. While not directly an eviction cost, it is a significant financial exposure that often arises in conjunction with a tenant vacating or being evicted. Keep meticulous records of property condition before and after tenancy, and document all damages and cleaning costs. This evidence is crucial if a dispute arises.
In summary, evicting a tenant in Mississippi requires precision and an understanding of the state's specific laws. Expect to spend money on court fees and potentially legal counsel, and prepare for a process that will consume your time and result in lost rental income. Adhering to the correct notice periods and court procedures is not optional; it is the only way to ensure a lawful and successful eviction. Don't cut corners; do follow the law precisely.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $75–$150 (Miss. Code § 89-8 (Landlord and Tenant)) | |
| Process server | $75–$200 | |
| Attorney fees | $500–$2,500 | |
| Sheriff / constable lockout | $30–$120 | |
| Lost rent during process | $811–$1,621 (30–60 days @ $811/mo) | $1,621–$3,242 (60–120 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $1,216–$3,391 | $2,726–$9,512 |
Mississippi evictions, while generally straightforward, contain specific nuances. Landlords must understand these details to avoid costly delays and legal missteps. This section focuses on Mississippi-specific quirks, common errors, and recent legislative considerations impacting your eviction costs.
The controlling statute for landlord-tenant relations in Mississippi is Miss. Code § 89-8 (Landlord and Tenant). This statute governs the notice periods, filing procedures, and tenant rights you must adhere to.
Mississippi has distinct notice periods depending on the reason for eviction. For non-payment of rent, you must provide a 3-day notice. This means the tenant has three full days, excluding the day of service, to pay the overdue rent. If they fail to pay, you can then proceed with filing an eviction. Do not file before the 3-day period expires. Filing early will get your case dismissed and restart the process.
For no-cause evictions (typically month-to-month tenancies or the end of a lease term where the tenant does not vacate), a 30-day notice is required. This notice must be in writing and clearly state the termination date. Mississippi does not have statewide "just-cause" eviction requirements, giving landlords more flexibility in ending tenancies, provided proper notice is given.
A common landlord mistake: Serving a 3-day notice for a lease violation that isn't non-payment. For example, if a tenant has unauthorized pets, a 3-day notice is incorrect. The lease should outline the notice period for such breaches, or a reasonable notice (often 7-14 days depending on the severity and curability of the breach) might be required before termination. Always match the notice to the specific lease violation or termination reason.
Eviction actions in Mississippi are filed in Justice Court. Filing fees vary slightly by county but are generally consistent. Expect to pay around $80-$100 to file the initial complaint (Unlawful Detainer). This fee covers the court costs and typically the initial summons. Service of process, if done by a private process server rather than the Sheriff, will be an additional cost, often $40-$75 per attempt. Some counties may have slightly higher filing fees or require separate fees for summons issuance.
After filing, the court will issue a summons. This summons must be properly served on the tenant. Personal service is preferred. If personal service is unsuccessful after diligent attempts, some courts may allow for alternative service methods, but this varies by judge and county. Improper service is a common reason for dismissal, adding weeks and additional costs to your eviction timeline.
Mississippi has no statutory cap on security deposits. While this offers flexibility, it does not mean landlords can ignore the rules around their handling. Miss. Code § 89-8-21 dictates how security deposits must be returned or accounted for. You must return the deposit, or a detailed, itemized list of deductions, within 45 days of the tenant vacating the premises and making a demand for the deposit. Failure to do so can result in the landlord forfeiting the right to withhold any portion of the deposit and potentially owing the tenant damages.
Don't do this: Withhold a security deposit without a clear, itemized list of damages, or for "normal wear and tear." Do this: Conduct a thorough move-out inspection, document all damages with photos and receipts for repairs, and provide the tenant with an itemized statement within the 45-day window. Keep all communication and documentation. This prevents disputes and potential lawsuits.
While Miss. Code § 89-8 provides the framework, the interpretation and application can vary slightly between Justice Courts in different counties. For example, some Justice Court judges in more rural counties might be more lenient on minor procedural errors, while judges in urban areas like Hinds or Harrison County might enforce strict adherence to every rule. This isn't a "carve-out" in the legislative sense, but rather a practical reality of judicial discretion. Always consult with local legal counsel for specific county practices if you are unfamiliar.
Another area of slight variation: continuance policies. Some judges are more inclined to grant continuances for tenants, especially if they claim to be seeking legal aid. This can add weeks to the eviction process. Be prepared for potential delays and factor them into your cost estimates.
As of recent legislative sessions (2024-2026), Mississippi lawmakers have shown ongoing interest in housing issues, though significant changes to the core eviction statute (Miss. Code § 89-8) have been less frequent than in some other states. However, there's always potential for bills addressing tenant protections, especially concerning utility shut-offs or retaliatory evictions. For instance, discussions occasionally arise regarding the establishment of statewide registries for rental properties or more explicit definitions of what constitutes "uninhabitable conditions" for tenants. While no major overhauls have passed recently, landlords should stay informed through official legislative channels. Any change impacting notice periods, grace periods, or the definition of a curable breach could directly affect your eviction timeline and associated costs. For now, the core eviction process remains largely consistent with established statute.
Consider a scenario: A tenant in Jackson (Hinds County) fails to pay rent. You serve a 3-day notice, but due to an error, you file for eviction on day 2. The court dismisses your case. You must now re-serve a new 3-day notice and refile. This single mistake adds at least 5-7 days (3-day notice + 2-4 days for refiling and court processing) to the process. If your property's monthly rent is $1,000, that's an additional $160-$230 in lost rent, plus the cost of re-serving the notice and potentially new filing fees if the original case was fully dismissed without refund. This illustrates why strict adherence to notice periods and filing procedures is critical to minimizing your overall eviction costs.
Understanding these Mississippi-specific details will help landlords manage their properties more effectively and reduce the financial burden of evictions.
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See our tenant screening guide for Mississippi for the 5-point protocol used by NextGen Properties.
$2,000 to $5,500 all-in on a typical Mississippi unit. Direct legal $150 to $500. Mississippi is one of the cheapest eviction states in the country.
Justice court: $50 to $100. Total Mississippi court costs typically run $100 to $200.
Uncontested: 14 to 35 days.
No. Pro se filing common in justice court.
Eviction usually wins. Mississippi cash-for-keys $300 to $800. Eviction $2,000 to $5,500. For most Mississippi rentals under $1,000/month, running the eviction is cheaper than cash-for-keys.
Informational only, not legal advice. Consult a licensed Mississippi attorney. Source attribution in the Sources band below.
