🏛️ 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
💰 Nonpayment of Rent
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
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
Complaint served by court officer.
🏛️ Court & Legal Information
Generally very fast. Limited court backlogs even in Jackson (Hinds County).
⚖️ Appeals & Post-Judgment
Sheriff executes writ of possession. Landlord changes locks.
📦 Tenant Property & Abandonment
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 within 45 days with itemized deductions.
💵 Late Fees
Must be in lease. No statutory limits.
🛡️ Tenant Protections
No rent control in Mississippi.
🏙️ Local Overrides & City-Specific Rules
Mississippi is uniform statewide.
Underground Landlord📝 Mississippi Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Justice Court / County Court. Pay the filing fee (~$75).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Mississippi
📊 Data Confidence
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
Underground Landlord
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:
- Squatters can no longer be awarded adverse possession unless they have a deed with their name on it or prove just cause in court
- Squatters do not have the same rights or eviction process as tenants
- Landlords can now remove squatters by posting a 48-hour notice and submitting an affidavit to local law enforcement
Senate Bill 2328 (2025)
This bill clarifies tenant eviction procedures:
- Clarifies when a Writ of Removal is considered served and executed by the sheriff
- Tenants who are evicted now have 72 hours to retrieve personal property—after that, landlords may dispose of remaining items without liability
- In cases of wrongful eviction, displaced occupants may sue for up to three times the fair market rent value, plus court costs and attorneys’ fees
- Extends eviction rights to RV park owners for specific reasons including inappropriate conduct, disturbance, and nonpayment
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:
- The amount of rent owed
- That the tenant has 3 days to pay in full or vacate
- The date on which the lease will terminate if not paid
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:
- Hand delivery directly to the tenant
- Certified mail with return receipt
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:
- Justice Court: For claims under $3,500
- County Court: For claims over $3,500
You’ll need to file:
- Civil Case Cover Sheet
- Complaint for Non-Payment of Rent OR Complaint for Breach of Lease
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:
- Personal service directly to the tenant
- Substituted service to someone 16+ living at the property
- Posting on the property and mailing
- Publication in newspaper (if other methods fail)
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
- Improper notice: Wrong notice type, insufficient days, or defective service.
- Payment before judgment: In nonpayment cases, tenant can pay all rent owed plus costs before judgment to stop eviction.
- Habitability issues: Landlord failed to maintain essential services or structural safety (Mississippi Code § 89-8-23).
- Retaliation: Eviction in response to tenant complaints or exercising legal rights (Mississippi Code § 89-8-25).
- Discrimination: Eviction based on protected class status under Fair Housing Act.
- Insufficient evidence: Landlord cannot produce valid lease or documentation of violations.
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
- Use written notices—hand delivery with witness signature or certified mail with return receipt.
- Match the notice to the violation: 3-day for rent, 14-day for lease violations, 30-day for month-to-month termination.
- Keep thorough documentation: lease, rent ledger, notices, proof of service, photos.
- Create move-in/move-out inspection checklists signed by both parties.
- File in the correct court based on claim amount.
- Don’t dispose of tenant property until 72 hours after eviction is executed.
- Never attempt self-help eviction—wrongful eviction can result in 3x damages.
- For squatters, use the new 48-hour notice and affidavit process under the 2025 law.
Quick Reference: Mississippi Eviction Rules
- Nonpayment of rent: 3-day notice to pay or quit
- Lease violations: 14-day notice to cure or quit
- Month-to-month termination: 30-day notice
- Week-to-week termination: 7-day notice
- Service of summons: 5-20 days after filing
- Time to vacate after judgment: At least 7 days
- Writ of Possession: Issued 5+ days after judgment
- Tenant property retrieval: 72 hours (2025 law)
- Squatter removal: 48-hour notice + affidavit (2025 law)
- Wrongful eviction penalty: Up to 3x fair market rent
- Filing fees: ~$75-$100 (varies by county)
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.