Mississippi Eviction Process

Guide to the Eviction Process in Mississippi

Eviction in Mississippi:

Mississippi Eviction Laws

The Eviction Laws in Mississippi are governed by the Mississippi Landlord Tenant Relationship Act. This act not only covers evictions, but also covers other aspects of the legal relationship between landlords and tenants. If you are a landlord in Mississippi, it is a good idea to read and become familiar with the Mississippi Landlord Tenant Relationship Act.

Reasons to Evict in Mississippi

There are 5 reasons a landlord in Mississippi can evict a tenant. The most common reason is non-payment of rent. Another common reason is “breach of the lease.” This means that the tenant is breaking rules in the lease. For example, parking cars on the front lawn, misusing the property, or keeping an unauthorized pet. A tenant causing damage to the property is another reason to evict in Mississippi. The other reasons to evict are holdover (a tenant staying past the time the lease has expired) or simply to end a month-to-month tenancy. Tenants can view helpful pages when they are being evicted> Tenants Help Pages

 

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Mississippi Eviction Notices

If a landlord needs to evict a tenant for any of the above reasons, the first step in the Mississippi Eviction Process is serving the tenant with a Mississippi Eviction Notice. If the landlord needs to evict the tenant for not paying the rent, the landlord should serve a Mississippi 3 Day Notice. This notice gives the tenant 3 days either pay the rent or leave. If the landlord needs to evict for breaching the lease or causing damage, the landlord needs to serve the tenant with a Mississippi 30 Day Notice, which gives the tenant 30 days to cure the breach or problem. Both notices need to include language that state the tenant has a right to cure before the notice period is up. To end a month-to-month tenancy, a 30 Day notice also needs to be served.

 

Acceptable Methods of Service

In order for the Mississippi Eviction to work, the tenant must be “served” properly. “Serve” is a fancy word for delivering the Eviction Notice to the tenant. In Mississippi, an eviction notice can be served by:

• Personal Delivery – The landlord must hand the notice to the tenant
• Delivery to a person over age 13 who lives in the property
• Certified mail with return receipt

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NationalEvictions can have Documents Served to the Tenant(s) We have Private Process Servers located all over the Country, You send us the Notices or the Documents ie;Summons and Complaints to be served, Our Partners are sent these and they are sent out for Service.

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Summons and Complaint

After the landlord has served the eviction notice, and the time period has run out, the next step in the Mississippi Eviction Process is filing an eviction lawsuit in court. The landlord should go to the district court clerk for the district where the property is located. The court clerk will confirm that you are in the right place. The landlord should request a Summons and Complaint be issued to evict the tenant. The Summons and Complaint will be served on the tenant by the Sheriff’s Office. It tells the tenant that they are being sued for eviction and that they must appear in court if they want to fight it. The landlord will get a copy, so the landlord knows when to appear in court also.

 

Going to Court

In order for the landlord to win the eviction, he or she must show up at the court date set in the Summons. The landlord should bring all relevant paperwork, including the lease, the Mississippi Eviction Notice, pictures, witnesses, etc. The judge will hear each side (landlord and tenant) and will make a decision. If the tenant does not show up, then the landlord will automatically win. If the landlord wins the case, the judge will order the tenant to vacate the property within a certain time period.

 

Self Help Eviction

Mississippi Law provides a way for a landlord to conduct the Mississippi Eviction Process against a tenant without going to court. This is generally not recommended, because if the landlord makes a mistake, they will be liable for damages. In “Self-Help” Eviction, the landlord may lock out the tenant and move the tenants’ belongings to the street ONLY IF: 1. The lease says the landlord has this right, AND, 2. This can be accomplished with no “Breach of the Peace.” If the landlord evicts using self-help eviction, the landlord MUST STILL DELIVER AN EVICTION NOTICE. Again, this kind of “Self-Help Eviction” is not recommended by nationalevictions.

 

In Mississippi, landlords can terminate any tenancy by following the applicable Mississippi law. Common reasons for termination include failure to pay rent and other breaches of the lease. It is illegal in Mississippi for landlords to force their tenants out without going through the evictions process, so Mississippi landlords should be sure to stick to the evictions guidelines.

 

Available Mississippi Termination Notices

To evict tenants in Mississippi, landlords must first give the tenant notice of the termination. For month-to-month tenancies, the landlord must give at least one week notice that the tenancy is terminating. For longer-term tenancies, such as one year or two year, the landlord will give different notice depending on whether the reason for the termination is failure to pay rent or another breach of the lease.

If a landlord wishes to end a tenancy earlier than the lease term, he or she may do so by serving the tenant with an appropriate notice. Mississippi allows for the following types of written termination notices:

Notice to quit: This is a 30-day notice that the landlord must give for any breach of the lease besides failure to pay rent. If the breach is something that can be fixed or remedied, and the tenant fixes the breach within the 30 days given, the tenancy will not be terminated (Miss. Code § 89-8-13(1)-(3)).

Notice to pay rent or quit: This is a 3-day notice that requires the tenant to pay rent within 3 days or leave the property (Miss. Code § 89-7-27).

 

Getting Help

Evictions in Mississippi are generally handled by the Justice courts. These are small claims courts scattered throughout Mississippi. Find your local Justice Court and clerk in the Mississippi court directory. Eviction and notice forms will also be available from the court’s clerk. Filling out these forms correctly is essential when initiating an eviction action. If you are unsure of anything in the forms, or about any part of the eviction process, you can always consult an experienced Mississippi landlord tenant attorney, who can help you begin your eviction action. When speaking with an attorney, be sure to reference Questions to Ask Your Mississippi Evictions Lawyer below.

 

Self-Help Evictions in Mississippi

Self-help evictions are not legal in any state. If a landlord locks out a tenant, the tenant may be able to sue the landlord for damages and possibly attorney’s fees. If you are locked out, you should consult a Mississippi tenant lawyer to find out your options.

 

Questions to Ask Your Mississippi Evictions Lawyer

1. How many evictions cases have you handled?
2. How many were successful/unsuccessful?
3. How long will the eviction process take?
4. For tenants: How long do I have before I MUST move out?
5. For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
6. What do you charge?
7. For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?