Mississippi Eviction Laws: A Simple Guide for Landlords

Nobody wants to deal with an eviction, but when rental relationships go wrong, understanding Mississippi’s eviction laws can mean the difference between a smooth resolution and a costly legal mess. Whether you’re a landlord trying to remove a problem tenant or a renter facing an eviction notice, knowing the rules protects your rights and your wallet.

The eviction process isn’t something you can wing—Mississippi has specific requirements for notices, court filings, and timelines. Get it wrong, and you could end up with a dismissed case, additional legal fees, or worse. Get it right, and you can resolve disputes fairly and move forward.

What You Need to Know Upfront

• Notice requirements matter: A 3-day notice works for unpaid rent, but lease violations need a 14-day notice to remedy or quit. Use the wrong one, and your case gets thrown out.
• Follow every step: Landlords who skip required notices or file paperwork incorrectly often see their evictions delayed or dismissed entirely. The courts don’t give do-overs for procedural mistakes.
• Tenants have defenses: You can challenge improper evictions, especially when landlords fail to maintain the property or ignore proper procedures. An eviction notice doesn’t automatically mean you have to leave.
• Self-help is illegal: Landlords cannot change locks, shut off utilities, or remove tenants without a court order. These “self-help” evictions will land you in legal trouble.
• Prevention beats litigation: Careful tenant screening using proven screening questions catches red flags before they become eviction nightmares.

Let’s walk through everything you need to know about Mississippi’s eviction process, from the initial notice to the final court order. Whether you’re serving papers or receiving them, this guide will help you navigate the system correctly.

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Grounds for Eviction Under Mississippi Eviction Laws 

Evictions in Mississippi don’t have to be a nightmare—but they often become one when people don’t understand the rules. Whether you’re a landlord dealing with problem tenants or a renter facing an eviction notice, knowing your rights and responsibilities can save you time, money, and stress.

Let’s break down everything you need to know about the eviction process in Mississippi, from the initial notice to the final court order.

Non-Payment of Rent 

This is the big one. If your tenant doesn’t pay rent by the due date, you can start the eviction process with a 3-day notice. No exceptions, no grace periods beyond what your lease specifies. In Mississippi, a 3-day eviction notice for nonpayment of rent is typically the first step, allowing tenants a brief opportunity to settle their dues before facing escalated legal actions. 

Lease Agreement Violations 

Did your tenant get a dog when the lease says “no pets”? Are they subletting without permission? These violations require a 14-day notice that gives the tenant a chance to fix the problem. If they don’t comply within those 14 days, you can proceed with eviction.
Common lease violations include:

• Unauthorized pets or occupants
• Property damage beyond normal wear and tear
• Excessive noise complaints
• Using the property for business without permission

Illegal Activities 

Drug dealing, violence, or other criminal activity on your property? You can pursue immediate eviction without giving the tenant a chance to “remedy” the situation. Zero tolerance means zero tolerance.

Holdover Tenants 

When tenants stay past their lease expiration without signing a new agreement, they become holdover tenants. The eviction process for these situations can be tricky, so document everything and follow proper notice procedures.

The Step-by-Step Eviction Process 

Getting an eviction wrong can cost you months of lost rent and legal fees. Here’s how to do it right:

1. Serve Proper Notice

Everything starts with the right notice delivered the right way.

• 3-day notice for unpaid rent: Must specify the exact amount owed and give the tenant exactly three days to pay or move out
• 14-day notice for lease violations: Must clearly describe the violation and give the tenant 14 days to fix it or leave
• 30-day notice for month-to-month tenants: For ending tenancies without cause (where allowed)

Delivery matters: You can’t just tape a notice to the door and call it good. Use certified mail with return receipt, hand-deliver with a witness, or use other methods specified in your lease and state law.

2. File an Eviction Lawsuit 

If the tenant doesn’t comply with your notice, head to the Justice Court in the county where your property is located. Bring:

• Copy of the lease
  Proof of proper notice delivery
• Documentation of the violation (unpaid rent records, photos of damage, etc.)
• Filing fee (varies by county—around $75 in Hinds County)

3. Court Hearing 

After an eviction lawsuit has been officially filed, the tenant will receive a summons to appear in court and respond to the allegations outlined in the complaint. If a tenant believes the eviction action is baseless, they can file an Answer Form to contest the eviction. As the courtroom stands, each side gets a turn to present its case – whether it’s the landlord detailing a breach of contract or the tenant explaining mitigating circumstances. 

This involves providing evidence, witness testimonies (if any), and arguments related to the grounds for eviction. For example, a tenant facing eviction for non-payment of rent might argue they were waiting on rental assistance. For added credibility, they can simply show proof that they’ve applied or been in touch with the program. 

4. Writ of Possession 

Win your case? The judge issues a Writ of Possession ordering the tenant to leave. If they don’t comply, law enforcement can physically remove them.

Rights and Responsibilities: Landlords and Tenants

Mississippi eviction laws outline specific responsibilities and rights for landlords and tenants throughout a tenancy. Everyone involved in a rental agreement must understand what’s legally expected, not just to avoid disputes, but to ensure a safe and lawful rental experience. Below is a clear breakdown of these responsibilities, supported by references to the relevant Mississippi Code sections.

Landlord Responsibilities

Landlords in Mississippi must do more than just collect rent – they have a legal obligation to create and maintain a livable environment for their tenants. Failing to meet these expectations can delay or invalidate eviction proceedings and expose landlords to financial or legal consequences.

• Provide a Safe and Habitable Property: Under Mississippi eviction laws, landlords are required to offer a residence that is structurally safe and meets basic living standards. This is outlined in Mississippi Code § 89-8-23, which outlines the implied warranty of habitability.
• Respect Tenant Privacy: Landlords must respect their tenants’ right to privacy by giving proper notice before entering a unit, except in emergencies.
• Provide Essential Services: Heating, plumbing, and electricity must be functional and provided as specified in the lease – these are non-negotiables under Mississippi Code § 89-8-25.
• Properly Handle Security Deposits: Landlords must return security deposits in a timely manner and document any deductions, in accordance with Mississippi Code § 89-8-21.

By honoring these legal responsibilities, landlords build credibility with tenants and protect themselves during eviction processes, lease enforcement, or property disputes.

Tenant Responsibilities

Tenants also carry essential legal responsibilities. Adhering to lease terms and maintaining the property are not just about being a “good renter”, they’re obligations that protect your right to stay in the rental and avoid eviction under Mississippi Code § 89-8-25.

• Pay Rent on Time: Rent must be paid by the due date set in the lease. If not, landlords may issue a 3-day eviction notice for non-payment.
• Keep the Rental Unit Clean: Tenants are responsible for keeping their space clean and sanitary.
• Avoid Damaging the Property: Tenants must prevent damage beyond normal wear and tear and notify landlords of needed repairs.
• Respect Other Tenants’ Rights: You’re expected to be considerate of your neighbors and avoid excessive noise or disturbances.
• Follow Lease Agreement Terms: Whether it’s a no-pets clause or occupancy limit, lease rules must be followed. Violations may trigger a 14-day notice to remedy or quit.
• Vacate at the End of the Lease Term: If you don’t sign a new agreement and continue living in the unit, you may be classified as a “holdover tenant,” opening the door to eviction.

Understanding and respecting these responsibilities can help tenants avoid eviction proceedings and build a positive rental history.

Tenant Rights and Defenses

Receiving an eviction notice is stressful, but that doesn’t mean you have to pack up right away. Mississippi eviction laws include protections that give tenants the right to challenge unlawful or improperly executed evictions. Just because a landlord says you must leave doesn’t make it legal. Understanding your rights can make all the difference in court.

Here are the most common defenses tenants can use to challenge an eviction in Mississippi:

1. Landlord Failed to Maintain a Habitable Property

Tenants have the right to live in a safe, sanitary, and livable environment. If a landlord fails to maintain essential services or structural safety – such as working plumbing, heating, or a sound roof – the tenant may have grounds to withhold rent or challenge an eviction based on breach of the implied warranty of habitability.

Example: If your heating system breaks in winter and your landlord refuses to fix it, you may be able to argue that the landlord violated Mississippi Code § 89-8-23, and the eviction lacks legal foundation.

2. Improper Eviction Procedure

Eviction in Mississippi must follow specific legal steps. If the landlord skips steps or mishandles notice delivery, the eviction could be dismissed.

Common procedural errors include:

• Delivering the wrong notice (e.g., a 3-day notice for a lease violation instead of a 14-day remedy-or-quit notice)
• Not delivering notice via proper methods, such as certified mail with return receipt
• Filing in the wrong court jurisdiction
• Attempting a self-help eviction (e.g., changing the locks or removing belongings without a court order)

These missteps can invalidate the case and buy the tenant time – or even dismiss the eviction entirely.

3. Retaliatory or Discriminatory Eviction

Under Mississippi and federal law, it is illegal for landlords to evict tenants in retaliation for exercising legal rights, like reporting code violations or joining a tenant union. It’s also unlawful to evict someone based on race, religion, national origin, sex, disability, or family status, per the Fair Housing Act.

Example: If a tenant complains to the health department about mold and the landlord responds with an eviction notice, that may qualify as retaliatory, and the tenant could cite Mississippi Code § 89-8-25 to challenge it.

4. Lack of Proof or Evidence

In court, landlords must prove the reason for eviction. If the landlord cannot produce a valid lease agreement, documentation of missed rent payments, or other evidence of lease violations, the tenant may be able to challenge the eviction for lack of sufficient evidence. One way to reduce the risk of these scenarios is to screen for rental application red flags upfront, making sure lease terms are respected and payment history aligns with expectations from the beginning.

5. Disputing Rent Amount or Payment History

If a tenant believes the landlord has miscalculated rent owed, such as failing to credit partial payments or rental assistance, that can be used as a defense.

Tip: Bring receipts, bank statements, and written communication that proves you made payments or were eligible for assistance.

Special Circumstances Under Mississippi Eviction Laws

While most evictions in Mississippi follow a standard legal process, certain scenarios may introduce unique requirements or considerations. Here are a few special circumstances where different eviction timelines, rules, or tenant protections might apply.

Retrieving Personal Belongings After Eviction

Mississippi law has recently evolved to offer tenants more time to collect their personal property after an eviction. Prior to Senate Bill 2461, tenants were required to remove their belongings within 72 hours of receiving a writ of possession. Now, the law grants tenants seven full days to retrieve their possessions. This extended timeframe gives individuals a more reasonable window to arrange transportation or storage and prevents landlords from prematurely discarding personal property.

Landlords should avoid disposing of items before the full week has passed, as doing so could expose them to liability. Tenants, in turn, should act promptly to gather their belongings within the allowed time to avoid forfeiture.

Evictions Involving Discrimination or Retaliation

Under both Mississippi and federal law, landlords cannot evict tenants based on protected characteristics. These include:

• Race or color
• National origin
• Religion
• Sex or gender identity
• Familial status
• Disability

Evictions that appear to be motivated by discrimination-such as removing a tenant after they request a reasonable accommodation, file a complaint, or report code violations-may be considered illegal.

Tenants who believe they are facing a retaliatory or discriminatory eviction can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or reach out to local legal aid organizations, such as the Mississippi Center for Justice, for assistance.

Understanding and Following Mississippi Eviction Laws

Managing rentals in Mississippi means staying on top of eviction laws or risk hitting some major speed bumps. The relationship between property owners and renters works because of clear-cut laws that hold both sides accountable when it comes to leases, rent payments, and tenant rights. Whether you’re issuing a notice, dealing with a lease violation, or navigating court proceedings, having a solid grasp of Mississippi eviction laws will help you avoid costly mistakes.

If you’re facing a complex situation or just want to be sure you’re in compliance, consult the official Mississippi eviction statutes or seek legal advice. Staying informed is not just smart, it’s essential for protecting your investment.

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