Mississippi eviction notices notify a tenant that their landlord will terminate their lease agreement due to nonpayment of rent, a violation of the lease’s terms, or to end a month-to-month lease. If the renter does not pay the rent due, leave the residence, or satisfactorily rectify their lease violation(s) within the specified period of time, the landlord will need to file a complaint with the district court and obtain an eviction order. If the landlord has violated the terms of a lease agreement, they may be served a fourteen (14) day notice from the tenant in order to cancel their lease.
How to Evict a Tenant (Process)
Before a landlord may evict a tenant, they must give at least three (3) days notice. Furthermore, if the leaseholder is noncompliant, the owner must file an eviction action with the district court and obtain a court order before the tenant may be forced to quit the premises. However, if the lease agreement is month-to-month and the tenant has violated the terms of this contract, the landlord does not need to give notice before evicting the tenant.
Step 1 – The Notice to Quit
To begin the eviction process the landlord (or tenant) will first need to obtain the notice form that is appropriate for their situation. The notice must state the amount of rent owed and how long the recipient has to pay the amount due or to rectify their lease violation(s). If a renter is in serious breach of their lease agreement, and the violation is a major safety hazard, the landlord is not required to give them notice (for instance if they caused flooding or a fire in their residence). When filling out the form, the “Certification of Delivery” or “Proof of Service” section should be left blank.
3 Day Notice to Quit or Pay -For the non-payment of rent.
30/14 Day Notice to Quit – For non-compliance with building/code rules and/or a lease agreement.
Termination Letter – For month-to-month rental agreements. Gives the tenant thirty (30) days notice to vacate.
Step 2 – Sending the Notice to Quit
For the service of notice to quit to be considered valid, it must be delivered by hand to the person of interest or to a person of at least thirteen (13) years of age who lives on the property. Alternatively, it may be sent to the subject’s address by registered or certified mail with return receipt. Before the document is sent, a copy should be made to be completed upon delivery of the original document. Once delivery has occurred, the proof of service section of the copy may be filled out, recording the recipient’s signature if necessary.
Step 3 – File an Eviction Action
In the event that the tenant fails to comply with the notice within the specified time period, the landlord can terminate the lease agreement and file a Civil Case Filing Form in the circuit court where the residence is located. When filling out the form, select “Eviction” beneath the “Real Property” heading in order to indicate the purpose of the complaint. If the tenant pays the full past due amount before a judgment is made in court, the landlord cannot continue with the eviction lawsuit. The basic fee for filing a civil case is $85 and, as per § 25-7-13, the plaintiff will incur further fees as applicable to their case.
Step 4 – Serve the Tenant
Once the action has passed through court, a summons/complaint will be sent to the tenant’s address, informing them of the mandatory court hearing date that they must attend or of the landlord’s demands (i.e. vacate the premises).
Step 5 – Attend Hearing
Next, the tenant must go to court on the date and time specified in the summons. They will need to bring all relevant documentation, evidence, and witnesses that may help support their case. The landlord must prove that rent has not been paid or that a provision of the lease has been violated that justifies eviction. If a ruling is made in favor of the landlord, the tenant will be required to move out within a certain period of time (and may be ordered to pay any back rent in addition to the landlord’s legal fees).
Step 6 – Removal of the Tenant
If a landlord wins an eviction lawsuit, the tenant may then be removed by court order served by a law enforcement officer. The property owner is not permitted to eject the resident themselves and may be sued for trying.