The Mississippi thirty (30) day notice to quit month-to-month tenancy, subject to § 89-8-19, is a form that can be used by both the landlord or tenant to inform one another of their intention to terminate the monthly rental agreement. The notice provides either party with thirty (30) days notice of the upcoming lease termination. Note: There does not need to be a specific reason for a month-to-month or “at-will” tenancy termination, however the agreement cannot be terminated by the landlord in discrimination or retaliation of the tenant. Download Links: .PDF Word How to Write Step 1 – Put the current date
Mississippi Eviction Process & Laws | Free MS Eviction Notices
The Mississippi 14/30 day notice to comply or quit, in use with § 89-8-13, allows a landlord to inform a tenant that they are in violation of their lease agreement. If they do not cure the issue within the initial fourteen (14) days, they will be subject to move-out by the end of the thirty (30) day period. Download Link: .PDF How to Write Step 1 – In the top line of the notice enter the name of the tenant (in the “TO:” field) and the full street address of the rental property/unit (in the “ADDRESS:” input field). Step 2 –
The Mississippi three (3) day notice to pay or quit, referencing law § 89-7-27, is to be served to a tenant that has failed to pay rent. The landlord must serve the notice and allow the tenant three (3) full days to pay the rent before an eviction action can be filed in district court. The notice informs the tenant of how much they owe, and how long they have to pay the rent or move out (three days). If the tenant does not pay within the three day period, the landlord can terminate the rental agreement and file an eviction
How to Evict a Tenant (Process)
The Mississippi eviction process typically starts when the landlord notifies the tenant that their lease is being terminated, their rent is past due, or they are in breach of the lease/rental agreement. Mississippi allows “self-help evictions” only when the lease agreement explicitly grants the landlord that power, and only if the eviction can occur without “breach of the peace.” Initial (written) notice must be given to the tenant before the actual eviction takes place. There are three main types of notices that are used to initiate the eviction process: 14/30 day notice to cure/quit, three (3) day notice to pay/quit, and the 30 day lease termination notice. The 14/30 day notice is used to notify a tenant that they have committed a lease violation and that they have 14 days to cure (i.e. fix) that violation, otherwise they must vacate the rental property by the end of the 30th day (past the date of receiving the notice). The three (3) day notice to pay/quit informs the tenant that they must pay the past due amount of rent, or move out, within three days. The 30 day termination notice is used to inform the tenant of the landlord’s intention to terminate the month-to-month lease/rental agreement.
Step 1 – The first step of the Mississippi eviction process is for the landlord to serve the proper notice to the tenant. The notice must state how long the tenant has to pay rent/cure the lease violation(s).
Note: If the tenant is in serious breach of the agreement, and the violation(s) are a major safety hazard, no notice is required.
Step 2 – If the tenant fails to comply with the notice within the specified time period, the landlord can terminate the lease agreement and file an eviction action in court.
Note: If the tenant pays the full past due amount before a judgement is made in court, the landlord cannot continue with the eviction lawsuit.
Step 3 – After the eviction action is filed in district court, the tenant will be served with a summons/complaint. The summons will inform the tenant when the hearing/trial date is. The complaint will contain information regarding the eviction action (such as the demands of the landlord).
Step 4 – Go to court on the date specified in the summons. Bring all relevant documentation, evidence, and witnesses (if applicable). 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 for all back rent as well as the landlord’s legal fees).
Note: Both the landlord and the tenant must show up to court on the date provided in the summons.