Mississippi Eviction Laws
The Mississippi eviction process provides that a written notice be served on any tenant that the landlord wishes to evict for a valid reason. This can include the following:
- Nonpayment of rent
- Breach of a lease provision
- Holdover after expiration of the rental agreement
- Substantial damage to the rental property
- End of month-to-month tenancy
Tenant Self-Eviction Law
A landlord cannot evict a tenant without a court order such as locking out the tenant, removing his or her personal belongings, turning off the utilities or otherwise denying the tenant any access to the property.
The Mississippi eviction process does allow self-eviction under limited circumstances.
- The written lease agreement must specifically provide that the landlord may lockout the tenant for a lease violation or nonpayment of rent without a court order.
- The landlord must serve a Mississippi eviction notice advising the tenant that he or she will evict the tenant under the terms of the lease without a court order if compliance is not forthcoming within 3-days for nonpayment of rent or 30-days for any other lease violation.
- The landlord’s actions must not be in breach of the peace, which is subject to interpretation, but which includes not threatening the tenant or committing a criminal act in attempting to expel the tenant.
If the landlord fails to abide by the self-eviction law, he or she may be liable for damages to the tenant. In addition, the landlord in this case may not lockout the tenant while leaving his or her personal belongings in the unit. Any self-eviction is not recommended.
3-Day Eviction Notice
The Mississippi eviction notice is 3-days for nonpayment of rent cases. The notice must advise the tenant that he or she has 3-days to pay the entire rent owed or vacate. It must also state the amount owed and that legal action to evict the tenant will begin if there is noncompliance. The tenant is not legally obligated to leave the premises within the 3-day period unless there is a court order.
A tenant can have the eviction lawsuit dismissed at any time if the entire rent due is paid before the court enters a judgment in favor of the landlord. The landlord cannot refuse to accept full tender of the rent before an eviction order is issued.
30-Day Eviction Notice
Any other violation of the lease requires a 30-day Mississippi eviction notice, which also must advise the tenant that he or she may remain on the premises if the breach is cured within the 30-day period or an eviction suit will be sought. The notice must also reference the lease provision that has been violated and how the tenant violated it.To end a month-to-month tenancy, a 30-day notice is also required though no reason need be specified.
Service of the Tenant Eviction Notice
Any Mississippi eviction notice can be served in any of three ways:
- Personal service.
- Personal service on a person at least 13-years of age who also resides on the property.
- Service by registered or certified mail with return receipt.
Any of these service methods may be done by the landlord or his or her representative.
For more information on Mississippi Eviction Laws please go to:
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