Eviction Law in Mississippi
Dealing with a tenant who won’t pay rent or keeps violating the lease? You’re not alone—and in Mississippi, you do have options.
But before you take action, it’s critical to understand what the law allows and what it doesn’t. One wrong move could cost you valuable time, and money, or even delay the eviction entirely.
Need help getting started? We can connect you with a qualified Mississippi attorney who understands landlord-tenant law.
What Is an Eviction?
An eviction begins when a landlord formally notifies a tenant that they must vacate the property—typically because of unpaid rent or a serious lease violation. While that may seem like a straightforward process, evicting a tenant in Mississippi can still be time-consuming and costly if the correct procedures aren’t followed. Understanding how state law governs eviction can help landlords avoid delays, reduce risk, and keep the process on track.
It’s also important to recognize that not every eviction notice results in a court-ordered removal. In many cases, the notice serves as a final warning. If the tenant resolves the issue—by paying past-due rent or correcting the lease violation—you may be able to avoid further action.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant in Mississippi consistently pays rent late—or stops paying entirely—you may have grounds to begin the eviction process. While some states offer a statutory grace period for late payments, Mississippi does not.
Even so, it’s smart to allow the tenant to correct the issue before moving forward with legal action. Start by sending a written notice that outlines how much is owed and the deadline to pay. This gives the tenant a clear chance to make things right and helps demonstrate to the court that you acted in good faith before filing an eviction.
Always keep copies of any “late rent” notices you send, along with a detailed payment log. If the case ends up in court, that documentation will be crucial in showing a pattern of nonpayment and supporting your claim. Solid records can make the difference between a quick resolution and a delayed or dismissed case.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease is a legally binding contract, and when a tenant violates its terms, you may have the right to start the eviction process. Common examples include unauthorized occupants, excessive noise, or violating pet restrictions—all of which can be enforced if they’re clearly outlined in the agreement.
At the same time, the lease also holds the landlord accountable. If you’ve agreed to handle repairs, provide specific services, or maintain the property in a certain condition, you’re legally required to follow through. Failing to meet these obligations can weaken your position in court if the tenant raises issues during the eviction process.
The Tenant Damages the Property
Wear and tear is part of renting out property—minor scratches, worn flooring, or faded paint are to be expected over time. But when a tenant causes intentional or excessive damage—such as punching holes in walls, breaking windows, or damaging appliances—that may qualify as a lease violation and grounds for eviction under Mississippi law.
Before taking legal action, assess the situation. If the tenant takes responsibility and completes reasonable repairs without altering the structure or violating other terms of the lease, eviction may not be necessary. But if the damage is ongoing, ignored, or severe, it’s important to document everything and take the appropriate next step.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using your Mississippi rental for illegal activity—such as selling drugs, storing stolen property, or engaging in other criminal behavior—you likely have immediate grounds for eviction. These types of violations not only breach the lease but can expose you to legal risk and impact the safety of the surrounding community.
To move forward with an eviction based on illegal activity, you’ll need supporting documentation. Police reports, complaints from neighbors, or incident records can all help establish a pattern of unlawful conduct. Courts want to see evidence—not just suspicion—before approving an eviction based on criminal use of the property.
How to Evict a Tenant in Mississippi
Step 1. Check Your Local Laws
Eviction laws vary widely by state, and in Mississippi, landlords need to understand the specific rules that apply before taking action. Acting too soon—or skipping a required step—can delay the process or create legal complications.
Before serving notice, make sure you have a valid reason under state law and that your lease supports your position. If you’re unsure, a Mississippi attorney can help you assess your situation and make sure you’re on solid ground.
For nonpayment of rent, Mississippi law requires that landlords provide a three-day written notice before moving forward with eviction. If the issue involves another type of lease violation—such as property damage or unauthorized occupants—a fourteen-day notice is typically required.
What sets Mississippi apart is that landlords may be allowed to carry out a self-help eviction if the lease specifically permits it. That means you could remove the tenant without going to court—but only under very limited circumstances.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to break the terms of your lease despite warnings, it may be time to issue a formal eviction notice. This notice isn’t just paperwork—it’s your final warning, and it needs to clearly outline the violation and what the tenant must do to avoid being forced out. Whether it’s unpaid rent, unauthorized occupants, or another lease breach, the eviction notice gives the tenant one last chance to correct the issue before legal steps begin.
Your notice should specify how much the tenant owes (if rent is the issue), the deadline to fix the problem or move out, and the consequences if they don’t comply. Mississippi doesn’t provide a standardized notice form, so you’ll need to create one that includes all essential details. If you’re unsure where to start, legal templates can help, or you can speak with an attorney to ensure it’s done right.
In Mississippi, landlords may deliver the eviction notice using one of these methods:
- Certified mail, with a return receipt requested
- Personal delivery to the tenant
- Personal delivery to another resident on the property who is at least 13 years old
Step 3. File the Eviction with the Court
Once you’ve served the eviction notice and the notice period has passed without resolution, the next step is filing with the court. In Mississippi, most landlords will file their eviction case with the local Justice Court in the county where the property is located.
However, if the amount in question exceeds $3,500—either in unpaid rent or property damage—you may need to escalate the case to County Court or Chancery Court, depending on the circumstances. Once your case is filed, the court will set a hearing date and serve the tenant with a summons.
Step 4. Contact an Experienced Mississippi Eviction Attorney and Prepare for the Hearing
Before your hearing, it’s smart to consult with a local attorney who understands Mississippi landlord-tenant law. Legal representation can help ensure your documents are in order and your case is solid. Be prepared to bring all necessary paperwork to court to support your claim.
Key documents to bring include:
- A copy of the lease agreement
- Rent payment records and account history
- Any bounced or returned checks
- Written communication with the tenant regarding the lease violation
- A copy of the eviction notice
- Proof that the notice was properly served (e.g., return receipt or signed acknowledgment)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will have a short window to leave the property voluntarily. In Mississippi, this timeframe can vary, but it typically ranges from a couple of days to one week. If the tenant refuses to vacate after that period, you have the legal right to request assistance from local law enforcement. Only a sheriff or constable—not the landlord—can physically remove a tenant from the premises under Mississippi law.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t automatically mean you’ll recover the money owed. If your tenant still hasn’t paid back rent, you may need to pursue additional legal action to collect. Fortunately, Mississippi landlords have several tools at their disposal.
Options to collect past-due rent include:
- Hiring a collections agency to pursue the debt
- Filing for a wage garnishment through the court
- Requesting to garnish the tenant’s state tax refund
- Taking the tenant to small claims court to seek a judgment
Work with an Experienced Eviction Attorney in Mississippi
Mississippi law doesn’t leave much room for error when it comes to the eviction process. Tenants may claim they weren’t given proper notice or that your actions violated lease terms. That’s why it pays to have an experienced Mississippi eviction attorney in your corner.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Mississippi attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Mississippi state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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