What is a Mississippi Eviction Notice or Notice to Quit?
When to use a Mississippi Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
NOTICE TO PAY RENT
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Mississippi
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A THREE (3) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH MISSISSIPPI ANNOTATED CODE § 89-7-27.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF MISSISSIPPI INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Mississippi Eviction Notice FAQs
Am I legally allowed to evict my tenant for past-due rent in Mississippi?
Under normal circumstances, yes. You can draft a Mississippi Eviction Notice (more specifically referred to as a 3- Day Notice to Pay Rent or Quit) to initiate the process. However, due to COVID-19, some limitations and protections have been put in place for tenants who can't pay rent. Despite the fact that the federal eviction moratorium was struck down by the U.S. Supreme Court, the state of Mississippi and individual municipalities have the authority to create and enforce their own regulations for evictions. Check out the consult a local lawyer for further advice.
Why would a property owner create an Eviction Notice in Mississippi?
In order to legally evict a tenant from your Mississippi rental property, you are required to always serve them a Notice of Eviction. Here are some common situations where you may need one:
- The tenant has fallen behind on rent or they are routinely late to pay
- The tenant is using their unit for an illegal business
- The tenant has a dog or cat and your rental contract does not permit animals
- The tenant gets a subletter against the rental terms
- The tenant has caused material damage
- The tenant creates a nuisance or disturbs other tenants
Outside of violations, tenants generally can be evicted by a property owner for reasons that are not connected to their conduct. For instance, if the owner wishes to move back in. Keep in mind that the list above is not absolutely exhaustive and that the permitted reasons for eviction are subject to change. If you have any doubts or hesitations with regard to Mississippi eviction laws, you can talk to a lawyer.
How is a Mississippi Notice to Vacate organized?
You can tap or click on the button that says "Make document" to check out our Mississippi Eviction Notice sample and see what information you'll need to provide to personalize your eviction letter. Specific details that you typically might want to cover are:
- The address and description of your property
- Contact information for your tenant
- What terms in the lease are not being met
- How long the tenant has to address the situation
- How many past due payments need to be made (if relevant)
If your tenant is not at fault, you may want to provide more details since your decision may likely come as a surprise. More custom edits are allowed, if needed. You'll want to confirm that the policies and terms noted in the Eviction Notice are actually spelled out in the fully signed rental agreement.
How will Mississippi eviction laws impact me as a landlord?
The law often evolves over time and the actual eviction procedure can be quite nuanced, especially for a first-timer. In certain instances, there are varying notice periods and other requirements based on the length of the tenant's occupancy and what the reason is for eviction. With that in mind, it's highly recommended that all landlords connect with an eviction attorney when drafting a Notice of Eviction to any tenant in Mississippi.
How do I write a Mississippi Eviction Notice template for free?
Luckily, you do not need to reinvent the wheel when drafting your document. When using Rocket Lawyer, anyone is able to make Mississippi Eviction Notices very easily. Your notice is assembled step by step so you can feel confident that it contains all of the relevant information. This method will often be much less expensive and less time-consuming than finding and working with your average lawyer.
What would it typically cost to evict a tenant in Mississippi?
The fees associated with finding and hiring a conventional lawyer to produce a Notice of Eviction could be between a few hundred dollars and thousands in total, if the situation is complex. Unlike the other websites you might come across, Rocket Lawyer offers much more than an eviction form. If you decide to proceed with an eviction lawsuit, your Premium membership offers up to 40% in savings when you hire an attorney. If you wish to know the full cost of eviction, you'll need to take into consideration the fees associated with filing court documents, lawyer fees, the value of unrecovered funds, storage or cleaning fees, and lastly, the time and money spent on finding new tenants.
How long does it take to go through the Mississippi eviction process from beginning to end?
The duration of the eviction process for Mississippi will generally depend on the notice requirements, along with the total volume of lawsuits happening simultaneously. Below, you'll find a generalized breakdown of Mississippi notice periods:
- Rent-related: 3-day notice
- Non-compliance with terms: 30-day notice
- No fault of the tenant(s): 30-day notice
After your pre-defined notice period, the eviction itself may take anywhere from 2 weeks to 2 months. It is important to note that in particular kinds of housing, for instance where rent payments are subsidized, the mandated notice period may be even longer.
Should I hire a lawyer when evicting someone in Mississippi?
While it is possible to make a Notice of Eviction without support, many rental property owners who take tenants to court have an attorney to represent them. Having a professional review your document can take longer than you expect if you attempt to do it by yourself. An easier approach worth consideration is to request help from the Rocket Lawyer On Call® attorney network. Rocket Lawyer Premium members are able to ask for advice from an attorney with experience in landlord-tenant matters or send other legal questions. As a property owner or manager, you can be confident that Rocket Lawyer is here by your side.
Will there be any next steps that I should take after making a Notice of Eviction/Notice to Quit in Mississippi?
Upon completing your Mississippi Eviction Notice, you'll be able to see it anytime and anywhere. As a Rocket Lawyer member, you can make edits, download it as a Word document or PDF file, print it out, and make copies of it as necessary. You must sign and date it before it is served on the tenant(s). You have different options for serving the notice:
- Send the notice by certified mail
- Deliver the notice personally
- Use a third-party process server
Please remember that "self-help" or "DIY" evictions are not legal in Mississippi. You must not remove belongings, change locks, turn off utilities, or threaten your tenant(s) in any way in order to remove them. Taking the appropriate lawful actions before and throughout the eviction process will give you the best chance of removing tenants successfully with a final judgment from the court.