Marshall County Landlord-Tenant Law

Mississippi landlord guide — county ordinances, courthouse info & local rules

Marshall County Rental Market Overview

Marshall County occupies the far north of Mississippi along the Tennessee state line, named for Chief Justice John Marshall and bordering the Memphis metropolitan area. Holly Springs, the county seat, is one of north Mississippi’s most historically distinctive small cities — it was an antebellum center of wealth, survived over fifty Union raids during the Civil War, and today retains a remarkable collection of antebellum architecture that draws heritage tourism and has earned it a place on the National Register of Historic Places. The county is part of the Memphis, TN-MS-AR Metropolitan Statistical Area, a designation that fundamentally shapes its rental market by creating substantial commuter demand from workers who live in Marshall County but work in the greater Memphis employment base across the Tennessee line.

Marshall County’s population of about 34,600 is fairly evenly split between White and Black residents — approximately 47% and 44% respectively — with a small but growing Hispanic and Latino population (4.2% in recent estimates) tied to agriculture and manufacturing employment. Holly Springs is home to Rust College, a historically Black liberal arts college founded in 1866 that generates some off-campus rental demand and provides stable faculty and staff employment. The county does not have a County Court — eviction proceedings are filed in Justice Court in Holly Springs.

Marshall County Ordinances & Local Rules

Last verified: March 2026 · Source: Marshall County Courts

Mississippi State Law Framework

⚡ 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.

📜 Eviction Laws Main 📊 Compare This State

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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.

⚠️ 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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Underground Landlord

🔍 Reduce Your Risk Before Signing a Lease: Mississippi landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Mississippi — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Mississippi's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Marshall County Mississippi Landlord-Tenant Law: A Complete Guide for Rental Owners in Holly Springs and the Memphis Commuter Zone

Marshall County sits at the northern edge of Mississippi, sharing a border with Tennessee and positioned firmly within the Memphis metropolitan orbit. Named for Chief Justice John Marshall and founded in 1836, the county grew into one of the most prosperous in antebellum Mississippi before the Civil War reduced it — Holly Springs alone endured more than fifty Union raids, and Union General Earl Van Dorn’s destruction of Grant’s supply depot here in December 1862 temporarily set back the Vicksburg campaign. Today Holly Springs carries that history in its remarkable collection of antebellum architecture and its identity as one of north Mississippi’s most historically layered small cities. The county’s modern character is shaped by two forces: its deep local roots in agriculture, timber, and county-seat commerce, and its geographic proximity to Memphis — a relationship that has made Marshall County a bedroom community for Tennessee workers and created rental demand dynamics not typical of most Mississippi counties.

The Memphis Effect: Marshall County as a Commuter Market

Marshall County’s membership in the Memphis, TN-MS-AR Metropolitan Statistical Area is not merely a statistical designation — it reflects a real economic relationship. Holly Springs is roughly 45 to 50 miles from downtown Memphis via U.S. Highway 78 (now upgraded to Interstate 22 in Mississippi) and U.S. Route 72, a corridor that has made northern Marshall County a genuine residential alternative for workers who find Memphis housing costs high, Mississippi’s property taxes lower, and the daily commute manageable. Byhalia, a community in the northeastern corner of the county near the Tennessee line, has grown steadily as a Memphis bedroom community. Rental properties in Byhalia and the northeastern county consistently attract tenants with Memphis-area employment — often stronger income profiles than the Holly Springs local market alone would generate.

For landlords, this means the county effectively contains two rental submarkets: the Holly Springs core, where rents reflect local income levels and the tenant pool is primarily drawn from county government, healthcare, Rust College, and manufacturing employment; and the Byhalia/northeastern corridor, where the Memphis commuter dynamic supports higher rents and more competitive tenant qualification. Positioning a property appropriately for its submarket — and screening applicants using the right income baseline for each zone — is the key management insight for Marshall County landlords.

Rust College and the Holly Springs Educational Economy

Rust College — a historically Black liberal arts college founded in 1866 by the Freedmen’s Aid Society of the Methodist Episcopal Church — has been a continuous presence in Holly Springs for more than 150 years. The college is one of the oldest HBCUs in Mississippi and generates a modest but meaningful off-campus rental market in Holly Springs. Faculty and staff represent some of the most stable tenant profiles in the county: salaried, professionally credentialed, and generally motivated to maintain good housing histories. Student tenants require co-signers; verify guarantor income at three times the annual rent before executing any lease with a student applicant. The Holly Springs National Forest, which covers a substantial portion of eastern Marshall County, does not itself generate rental demand but provides the outdoor recreation context that makes the county’s rural residential properties appealing to a specific tenant demographic.

Filing Evictions: Marshall County Justice Court

Marshall County does not have a County Court. All unlawful entry and detainer (eviction) proceedings are filed in Marshall County Justice Court, located at 819 West Street (P.O. Box 729), Holly Springs, MS 38635, phone (662) 252-3585. Judge Mae Garrison presides over the North District. The main Marshall County Courthouse — housing Circuit Court and Chancery Court — is at 128 East Van Dorn Avenue (P.O. Box 459), Holly Springs, phone (662) 252-3434. Eviction filings go to the Justice Court address on West Street, not the Van Dorn Avenue courthouse.

Begin every eviction with proper written notice. For nonpayment of rent, a 3-Day Notice to Pay or Vacate is required under Miss. Code Ann. § 89-7-27. For lease violations, a 14-Day Notice to Cure or Vacate under § 89-8-13. After the notice period, file a sworn Complaint for Unlawful Entry and Detainer with the Justice Court clerk. The court schedules a hearing, the Marshall County Sheriff serves the summons and enforces any Writ of Possession, and an uncontested case typically resolves in two to eight weeks from filing. Keep complete documentation of all notices with delivery confirmation — in any eviction action, the court will want to see evidence of proper notice service.

This guide is provided for general informational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney or contact Marshall County Justice Court at (662) 252-3585 for guidance specific to your situation. Last updated: March 2026.