The Mississippi eviction notice forms are the first step a landlord needs to take in the eviction process (called unlawful entry and detainer action). The forms are required to ensure that the tenant has an opportunity to know of landlord’s intent and to either fix the problem, if it is fixable, or to move out. If the landlord fails to provide written notice as directed the court will not grant landlord an eviction. If the landlord satisfies the notice requirement and tenant fails to cure or move, landlord then may file a Complaint for Non-Payment of rent or a Complaint for Breach of Lease with the Local Justice Court. If the landlord prevails, tenant is required to move out and the judge will issue a writ of possession.
Notices By State
3-Day Notice to Quit (Non-Payment) – This form is for legally informing the tenant that they have not paid rent and they have three days to do so before landlord begins eviction proceedings. If the tenant pays before the three days are up, landlord may not proceed with the eviction.
14/30 Day Notice to Quit (Non-Compliance) – This form is for use when a tenant breaches a lease term, other than for non-payment of rent. The tenant has thirty days to rectify the situation or move out, unless it has been a problem for which the tenant has received notice about in the past, in which case, the tenant has fourteen days to move out and there is no opportunity to cure the breach.
30-Day Notice to Quit (Month to Month) – This notice is for letting a party know that the other party does not intend to renew a month-to-month tenancy.
When is Rent Due
Rent in Mississippi is due on the day set forth in the lease. A tenant may cure the breach of non-payment up until the hearing by paying the full amount owed, plus landlord’s court expenses.
How to Evict (Process)
Step 1 – The first step to a successful eviction is to make sure you send the requisite notice and wait the specified time period before filing in court. You must also make sure the tenant receives the form, either by hand delivery or by posting and mailing it. You should have evidence of the delivery of the notice. Choose the notice that corresponds with your situation:
- 3-Day Notice to Quit (Non-Payment)
- 14/30 Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If your tenant fails to respond, you may begin eviction proceedings (called unlawful entry and detainer) with the Local Justice Court. This entails filing a Complaint for Non-Payment of Rent or a Complaint for Breach of Lease. The court will issue a summons and schedule a hearing and complete a warrant to be served on tenant between five and twenty days from when the complaint is filed.
Step 3- If the landlord prevails in court and/or receives a judgment as a result of default, the court will issue a writ of possession no sooner than five days after judgment.
Step 4 – If tenant has not moved out, landlord may take the writ of possession to the local sheriff’s office and have the sheriff handle the eviction.