Evicting a tenant in Mississippi requires adherence to specific legal procedures. Deviation can lead to costly delays, legal challenges, and potential liability. This guide provides a direct, step-by-step breakdown of the Mississippi eviction process, tailored for landlords managing 1-20 units.
Mississippi’s posture on landlord-tenant law is generally landlord-friendly compared to some other states. There is no statewide "just cause" eviction requirement, meaning you can generally terminate a month-to-month tenancy without providing a specific reason, provided you give proper notice. However, this flexibility does not extend to lease violations. For those, specific statutory procedures must be followed. The primary controlling statute for landlord-tenant relations in Mississippi is Miss. Code § 89-8 (Landlord and Tenant). Familiarity with this code is essential.
The key regulators in Mississippi are the local courts – specifically, Justice Courts handle most eviction proceedings. While no state agency directly oversees every eviction, these courts enforce the statutes. Understanding their local rules, in addition to state law, is critical. Each county’s Justice Court may have slight procedural variations, though the core statutory requirements remain constant.
For landlords, the practical bottom line in Mississippi is clear: follow the process precisely. Mississippi does not tolerate shortcuts. A common landlord mistake, for instance, is attempting "self-help" eviction – changing locks, shutting off utilities, or removing a tenant's belongings without a court order. Don't do it. Instead, do serve proper notice and pursue the eviction through the Justice Court system. Engaging in self-help eviction exposes you to significant legal risk, including potential lawsuits for wrongful eviction and damages.
Consider the cost of non-compliance. Filing an eviction complaint in Mississippi Justice Court typically involves a filing fee, often around $80-$100, plus service fees for the constable or sheriff, which can range from $30-$50 per tenant. These costs are minimal compared to the expenses incurred from a delayed eviction due to procedural errors or a lawsuit stemming from an illegal eviction. Time is also money. A properly executed eviction can take anywhere from 30 to 60 days from notice to possession, assuming no significant delays or appeals. An improperly handled eviction can drag on for months, costing you lost rent and additional legal fees.
Mississippi does not impose a statutory cap on security deposits, offering landlords flexibility. However, it's prudent to keep deposits reasonable to attract tenants. While there's no cap, landlords are still bound by the general principle of returning deposits within a reasonable timeframe after tenancy termination, less any deductions for damages beyond normal wear and tear, as outlined in the lease agreement.
Regarding legislative changes, as of recent legislative sessions, there has been ongoing discussion, though no major overhauls, concerning landlord-tenant law in Mississippi. Focus has generally been on minor amendments rather than sweeping reforms like statewide rent control or "just cause" eviction mandates. Landlords should stay abreast of local legislative developments, as county or municipal ordinances, though less common in Mississippi, can sometimes add layers of regulation not present at the state level. Always verify current statutes and any local amendments before initiating an eviction.
Here's a quick look at the core notice periods:
This guide will walk you through each step, from serving proper notice to obtaining a Writ of Possession. Adhering to these steps ensures a legally sound and efficient eviction process in Mississippi.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Non-payment of rent | 3 days | Miss. Code § 89-8 (Landlord and Tenant) | 3-day demand for rent or possession. |
| Lease violation / cure | 14 days | Miss. Code § 89-8 (Landlord and Tenant) | 14-day notice to cure the violation or quit, where the violation is curable. |
| End of term / no-cause | 30 days | Miss. Code § 89-8 (Landlord and Tenant) | 30-day notice is typical at the end of a month-to-month tenancy unless the lease provides a longer period. |
Landlord must deliver a written 3-day notice demanding rent or possession. Service must comply with Mississippi statute.
If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.
The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.
Tenant typically has a short window to file a written answer. If no answer is filed, landlord may obtain default judgment. Contested cases are set for a trial date.
Upon judgment for the landlord, the court issues a writ of possession. The sheriff or constable posts and then executes the lockout; only law enforcement may physically remove the tenant.
This section provides Mississippi-specific guidance for landlords initiating eviction. Adherence to state law is critical. Deviations can lead to case dismissal and financial penalties.
The primary controlling statute for landlord-tenant relations in Mississippi is Miss. Code § 89-8 (Landlord and Tenant). Familiarize yourself with this chapter. It governs everything from lease agreements to termination notices and eviction procedures. While there's no statewide "just-cause" eviction requirement, proper notice and grounds are still mandatory.
For non-payment of rent, Mississippi requires a 3-day notice. This means the tenant has three full days after receiving the notice to pay the past-due rent or vacate the premises. The day the notice is served does not count. Weekends and holidays are included in the 3-day count unless the third day falls on a weekend or holiday, in which case the deadline extends to the next business day. Ensure the notice clearly states the amount due, the period for which it is due, and the demand for possession if not paid. Don't simply state "rent due." Specify "$750 for July 2024 rent."
For a "no-cause" termination of a month-to-month tenancy, Mississippi requires a 30-day notice. This notice must be given at least 30 days before the next rent due date. For example, if rent is due on the first of the month, and you want the tenant out by August 1st, you must serve the 30-day notice no later than July 1st. This type of notice is only applicable for month-to-month tenancies or when a fixed-term lease has expired and converted to month-to-month. It cannot be used to terminate an active fixed-term lease early without cause or a lease violation.
Mississippi has no statutory cap on security deposits. Landlords can charge any reasonable amount. However, Miss. Code § 89-8-21 requires landlords to return security deposits within 45 days of the tenancy termination and delivery of possession. If deductions are made, the landlord must provide an itemized written list of damages. Failure to comply can result in the landlord being liable for twice the amount wrongfully withheld. A common landlord mistake here is holding the deposit for too long without proper itemization or simply stating "damages" without specifics. Don't do that. Do provide an itemized list with specific costs, e.g., "Repainting living room wall due to excessive scuff marks: $300." Keep clear records and photos of move-in and move-out conditions.
After the notice period expires, if the tenant has not complied, you can file an Unlawful Detainer action in Justice Court. This is the court of original jurisdiction for evictions. The complaint must accurately reflect the grounds for eviction stated in your notice. Any discrepancies can lead to dismissal. Service of the summons and complaint is crucial. It must be served by a sheriff or process server. Personal service is preferred. If personal service is not possible after diligent attempts, service by posting on the property may be allowed, but it's a less robust form of notice.
At the hearing, you, as the landlord, must present your case. Bring all relevant documentation: the lease agreement, notice to quit with proof of service, ledger showing non-payment, and any communication with the tenant. The tenant will also have an opportunity to present their defense. Common tenant defenses include improper notice, payment made, or habitability issues not addressed by the landlord. Be prepared to counter these claims with evidence. A Justice Court judge will hear the case and issue a judgment.
If the judgment is in your favor, the court will issue a Writ of Possession. This is the order that allows the sheriff to physically remove the tenant and their belongings. In Mississippi, typically, the Writ of Possession is issued after a short waiting period (often 5-7 days) following the judgment, allowing the tenant a final chance to vacate voluntarily. Do not attempt to self-evict a tenant. Don't change locks, remove belongings, or shut off utilities. Do wait for the Writ of Possession and involve the sheriff. Self-help evictions are illegal and can expose you to significant liability, including actual damages, punitive damages, and attorney's fees.
One frequent trap for Mississippi landlords is improper notice service. Many landlords mistakenly mail notices via regular mail, which can be difficult to prove in court. Don't do that. Do use certified mail with a return receipt requested, or hand-deliver the notice and have the tenant sign an acknowledgment of receipt. If the tenant refuses to sign, have a third-party witness present who can attest to the delivery. Another trap: failing to maintain a clean and safe property. Even in non-payment cases, a tenant can raise habitability issues as a defense, potentially delaying or even dismissing your eviction if the conditions are severe and unaddressed. Keep up with repairs and maintain records of all maintenance requests and actions taken.
While Miss. Code § 89-8 provides statewide rules, some Justice Courts in various counties may have minor procedural differences or preferred local forms. For instance, some counties might require specific language on the summons or a particular number of copies for filings. Always check with the clerk of the Justice Court in the specific county where your property is located before filing your complaint. This can save time and prevent procedural errors. There are no significant county-specific "carve-outs" regarding the substantive notice periods or grounds for eviction; these remain consistent statewide.
As of recent legislative sessions, there has been ongoing discussion in Mississippi regarding landlord-tenant law, though no sweeping changes to the core eviction process have been enacted as of this writing. One area of focus has been the regulation of short-term rentals, which primarily impacts zoning and tax rather than traditional long-term residential evictions. Another recurring theme in legislative debate involves strengthening tenant protections, particularly regarding retaliatory evictions and the conditions for withholding rent due to landlord non-compliance. While no major bill has passed that fundamentally alters the eviction timeline or notice requirements, landlords should remain vigilant. Stay informed about legislative developments each session, as changes can occur that impact notice periods, acceptable grounds for eviction, or security deposit regulations. Consult the Mississippi Legislature's website for the most up-to-date information on enacted bills.
Under Miss. Code § 89-7-27, the landlord must serve a 3-day notice for nonpayment of rent. The tenant has 3 days from service to pay; if paid, the tenancy continues. 14 days notice for material lease breach with cure right under § 89-8-13. 30 days notice for end-of-term month-to-month termination, no cause required.
Uncontested: 14 to 35 days from notice service to lockout. Contested: 30 to 60 days. The 3-day notice runs first; the eviction action is filed in justice court; the summons is served 5 to 14 days after filing; trial is scheduled 5 to 14 days after service; sheriff lockout 5 to 14 days after writ. Mississippi is among the faster eviction states in the country.
Justice court: $50 to $100 depending on county. Circuit court or chancery court: $150 to $200 for larger cases. Most Mississippi residential evictions are filed in justice court. Sheriff service: $25 to $50 per defendant. Writ of possession execution: $25 to $50. Total Mississippi court costs typically run $100 to $200.
Partially. Mississippi has adopted parts of URLTA at Miss. Code §§ 89-8-1 to 89-8-29. The partial adoption omits several URLTA protections including the statutory repair-and-deduct remedy and the detailed retaliation framework. The substantive framework is thin compared to full-URLTA states.
No, and local rent control is preempted. Mississippi has no rent control at any level. No Mississippi municipality may enact rent control on private residential property. The state preemption blocks any local ordinance.
Informational only, not legal advice. Consult a licensed Mississippi attorney. Source attribution in the Sources band below.
