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🏛️ Courthouse Information and Locations for Mississippi

Mississippi Eviction Laws: Notice Requirements, Process, and Timelines

Mississippi handles evictions through Justice Court or County Court depending on the amount in dispute. Mississippi is one of the most landlord-friendly states in the nation, with minimal notice requirements—landlords can proceed with eviction for nonpayment of rent with as little as a 3-day notice in some circumstances. The process is straightforward and typically fast when procedures are followed correctly. Below you’ll find the key details every Mississippi landlord needs to know.

Mississippi Eviction Laws

Comprehensive guide to Mississippi's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Justice Court / County Court.

⚡ Quick Overview

3
Days Notice (Nonpayment)
14
Days Notice (Violation)
14-28
Avg Total Days
$75
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay or Vacate
Notice Period 3 days
Tenant Can Cure? Yes
Days to Hearing 3-7 days
Days to Writ 3-5 days
Total Estimated Timeline 14-28 days
Total Estimated Cost $75-$200
⚠️ Watch Out

Mississippi has two parallel eviction frameworks: Chapter 7 (§89-7-27, general/non-residential) and Chapter 8 (§89-8-13, Residential Landlord and Tenant Act). For RESIDENTIAL tenants, §89-8-13(5) provides the 3-day notice for nonpayment. Tenant can stop the eviction by paying all unpaid rent and costs by the court-ordered move-out date. After judgment, court orders tenant to vacate within 7 days (§89-8-39(1)). Tenant has 72 hours after writ execution to remove personal property (§89-7-31). Filing fees typically $75-$100 depending on county. Notice can be delivered via email/text if tenant agreed in writing to receive notices that way.

📋 Lease Violation

Notice Type 14-Day Notice to Remedy or Vacate
Notice Period 14 days
Tenant Can Cure? Yes
Days to Hearing 3-7 days
Days to Writ 3-5 days
Total Estimated Timeline 21-45 days
Total Estimated Cost $75-$200
⚠️ Watch Out

For lease violations, §89-8-13(3) requires a 14-day notice to remedy or vacate. If the same violation recurs within 6 months of the first notice, landlord can issue a 14-day UNCONDITIONAL quit notice with no cure opportunity. For substantial violations affecting health/safety, no notice is required - landlord can file immediately (§89-8-19(4)). The 30-day notice applies to TERMINATION WITHOUT CAUSE for month-to-month tenancies (§89-8-19(3)), NOT to lease violations. Filing fees typically $75-$100. Notice can be delivered via email/text if tenant agreed in writing.

📬 Service of Process

Service Methods Personal service by sheriff or constable
Proof Required Yes
Posting Allowed No - must serve household member 16+ at residence and mail copy, or serve by publication
Service of Process Fee $20-$35
📝 Service Notes

Complaint served by court officer.

🏛️ Court & Legal Information

Court Justice Court / County Court
Filing Fee (Approx) $75
Attorney Required No
Attorney Recommended Not usually needed - process is straightforward
Mandatory Mediation No
Jury Trial Available Yes, on appeal to county or circuit court
Recover Attorney Fees Yes, if lease provides
Recover Back Rent (Same Filing) Yes
Recover Costs from Tenant Yes, if court awards
Default Judgment Available Yes
Default Judgment Timeline At hearing or after 3 days if no answer
Statute Citation Miss. Code §89-8-13(5), §89-7-27
Self-Help Eviction Allowed No
Local Overrides Common No
🕐 Common Delays

Generally very fast. Limited court backlogs even in Jackson (Hinds County).

⚖️ Appeals & Post-Judgment

Appeal Window 10 days
Appeal Stays Eviction Yes, with bond (double the judgment amount plus costs, minimum $100). Poverty affidavit allows appeal without bond but does NOT stay eviction.
Tenant Pay and Stay Yes - tenant can cure by paying full amount before the termination date specified in notice
Tenant Auto-Continuance No
Writ Executed By Sheriff or constable
Writ Execution Timeline 3-5 days
Writ Execution Fee $20-$40
🔒 Lockout Procedure

Sheriff executes writ of possession. Landlord changes locks.

📦 Tenant Property & Abandonment

Abandonment Period 72 hours after warrant for removal is executed days
📋 Abandonment Rules

Property remaining 72 hours after warrant for removal is executed is deemed abandoned. Landlord may dispose without further notice or liability. Best practice: document with photos, confirm via unpaid rent, disconnected utilities, and removed belongings before disposing.

🏦 Security Deposits

Return Deadline 45 days
Maximum Deposit No statutory limit
📝 Deposit Details

Return within 45 days with itemized deductions.

💵 Late Fees

Late Fee Cap No state cap
📝 Late Fee Rules

Must be in lease. No statutory limits.

🛡️ Tenant Protections

Retaliatory Eviction Protection Limited - statute prohibits retaliatory service reductions but does not explicitly prohibit retaliatory eviction
Retaliation Window Not defined in statute
Rent Control No
📝 Rent Control Details

No rent control in Mississippi.

COVID Protections Active No
Fair Housing (State Additions) No additional state-level protected classes beyond federal FHA. Mississippi relies entirely on federal Fair Housing Act enforcement through HUD.

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides None known
📝 Local Override Details

Mississippi is uniform statewide.

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📝 Mississippi Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Justice Court / County Court. Pay the filing fee (~$75).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for Mississippi

📊 Data Confidence

ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity | ⚠️ Limited/no specific anti-retaliation statute - tenant protections may be weaker than in other jurisdictions

⚠️ Disclaimer: This page provides general information about Mississippi eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Mississippi attorney or local legal aid organization.
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Mississippi Evictions: Complete Landlord Guide (Updated January 2026)

Disclaimer: General educational information only, not legal advice. Mississippi eviction procedures can vary by county and court. Consult a qualified Mississippi attorney for legal advice on your specific situation.

Overview: How Evictions Work in Mississippi

Mississippi eviction cases are filed as Unlawful Entry and Detainer actions (also called “Ejectment” proceedings) in Justice Court or County Court depending on the amount in dispute. Mississippi is one of the most landlord-friendly states in the nation, with short notice periods and a relatively quick court process.

Mississippi prohibits self-help evictions. Landlords cannot forcibly remove tenants, change locks, or shut off utilities without a court order. Only law enforcement can remove a tenant after a Writ of Possession is issued.

2025 Mississippi Legislative Updates

Mississippi enacted significant changes in 2025:

House Bill 1200: Real Property Owners Protection Act (July 1, 2025)

This law dramatically changed squatter rights in Mississippi:

Senate Bill 2328 (2025)

This bill clarifies tenant eviction procedures:

Mississippi Notice Requirements

Mississippi does not have a state-mandated grace period—rent is late the day after it’s due. The type and length of notice depends on the reason for eviction:

Nonpayment of Rent: 3-Day Notice

For unpaid rent, landlords must serve a 3-day notice to pay or quit. The notice must state:

If the tenant pays the full amount within 3 days, the eviction stops. The tenant can also pay anytime before judgment to stop the eviction.

Lease Violations: 14-Day Notice

For violations of lease terms (unauthorized pets, excess occupants, property damage, etc.), landlords must serve a 14-day notice to cure or quit. This gives the tenant 14 days to fix the violation or move out.

Month-to-Month Termination: 30-Day Notice

To end a month-to-month tenancy without cause, landlords must provide 30 days’ written notice.

Week-to-Week Termination: 7-Day Notice

For weekly tenancies, a 7-day notice is required.

Fixed-Term Lease Expiration

If a tenant stays after a fixed-term lease expires, the landlord is not required to give additional notice unless the lease requires it. The landlord can proceed directly to court.

How to Serve Notice in Mississippi

Notices can be served by:

Keep proof of delivery—you’ll need it in court.

Mississippi Eviction Process Timeline (Step by Step)

Step 1 – Serve the proper notice. Deliver the correct notice based on the reason for eviction (3-day for nonpayment, 14-day for lease violations, 30-day for month-to-month termination).

Step 2 – File the eviction complaint. If the tenant doesn’t comply, file an Unlawful Entry and Detainer action in the appropriate court:

You’ll need to file:

Filing fees vary by county (typically $75-$100). Examples: Hinds County is $85 plus $15 for each additional defendant; Harrison County is $85 plus additional fees for defendants at different addresses.

Step 3 – Court issues summons and schedules hearing. The court issues a Summons and sets a hearing date. The summons and complaint must be served on the tenant between 5 and 20 days after filing.

Step 4 – Service of summons and complaint. The documents must be served by the sheriff’s office or any adult (18+) not involved in the case. Service methods include:

Step 5 – Tenant may file Answer. The tenant can file an Answer to deny the allegations. Regardless of whether an Answer is filed, the tenant must appear at the hearing.

Step 6 – Court hearing. Both parties appear before the judge. The landlord presents evidence (lease, notice, rent ledger, proof of service). The tenant may present defenses. If either party fails to appear, the hearing proceeds and likely rules for the present party.

Step 7 – Judgment. If the landlord wins, the court enters judgment for possession. The tenant has at least 7 days from judgment to move out (unless a shorter or longer period is ordered for emergency or compelling circumstances).

Step 8 – Writ of Possession. If the tenant doesn’t leave, the landlord obtains a Writ of Possession (issued no sooner than 5 days after judgment). Law enforcement executes the writ and removes the tenant.

Step 9 – Property retrieval. Under the 2025 law, evicted tenants have 72 hours to retrieve personal property. After that period, landlords may dispose of items without liability.

Tenant Defenses Landlords Should Anticipate

Mississippi Eviction Context (Late 2025–January 2026)

Mississippi remains one of the most landlord-friendly states with short notice periods and efficient court processes. The 2025 legislative changes strengthened landlord rights, particularly regarding squatters (who now have significantly fewer protections) and abandoned property (72-hour retrieval window).

The typical eviction process takes several weeks to a few months depending on court schedules and whether the case is contested. Average costs: approximately $245 for Justice Court cases, $287 for County Court cases.

The new wrongful eviction penalty (up to 3x fair market rent plus fees) underscores the importance of following proper procedures.

Best Practices for Mississippi Landlords

Quick Reference: Mississippi Eviction Rules

Bottom line: Mississippi offers landlords a fast, straightforward eviction process with short notice periods. The 2025 legislative changes strengthened landlord rights while clarifying procedures. Follow proper notice requirements, document everything, and remember the new 72-hour rule for tenant property retrieval.