Mississippi Eviction Overview
Mississippi Uses 3-Day and 30-Day Notices, Not 10
Mississippi's Residential Landlord and Tenant Act requires a 3-day notice for non-payment (§89-8-13) and a 30-day notice for lease violations (§89-8-15). There is no 10-day statutory period. The 3-day non-payment notice is among the shortest in the U.S. A 10-day period could only apply through specific lease provisions.
Mississippi's eviction law is governed by the Residential Landlord and Tenant Act (Miss. Code Ann. §§89-8-1 through 89-8-29). The state is considered landlord-friendly, with short notice periods, fast court processing, and relatively few tenant protections compared to states like Massachusetts or New York. Evictions are typically filed in Justice Court, which handles cases informally and quickly.
Mississippi's 82 counties each have Justice Courts that handle eviction cases. The process is straightforward: serve the notice, wait for the period to expire, file in Justice Court, attend the hearing, and execute the judgment. The entire process for an uncontested non-payment case can be completed in as little as 2 to 3 weeks.
3 Days
Non-payment notice
$35-$50
Justice Court filing
Moderate
Tenant protections
2-3 wks
Uncontested process
Mississippi's Actual Notice Periods
| Grounds | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 3 days | Miss. Code Ann. §89-8-13 |
| Lease violation (first offense) | 30 days (cure period) | Miss. Code Ann. §89-8-15 |
| Repeat violation (within 6 months) | 14 days (no cure) | Miss. Code Ann. §89-8-15 |
| Month-to-month termination | 30 days | Miss. Code Ann. §89-8-19 |
Mississippi Code Requirements
When 10 Days Might Apply in Mississippi
A lease may specify a 10-day cure period for certain violations. Since the non-payment statutory minimum is only 3 days, a 10-day lease provision for non-payment would exceed the statutory requirement and would be enforceable. For lease violations, the 30-day statutory cure period cannot be shortened to 10 days by the lease.
Notice Requirements
- Written Notice: Must be in writing under the Residential Landlord and Tenant Act
- Amount Owed: For non-payment, state the specific dollar amount of rent past due
- Cure Period: 3 days for non-payment; 30 days for lease violations (first offense)
- Violation Details: For lease violations, describe the specific breach and the lease provision violated
- Termination Language: State that the lease will terminate if the tenant fails to cure within the notice period
- Service Method: Deliver by hand, leave at the unit, or mail to the tenant's last known address
How to Serve an Eviction Notice in Mississippi
Prepare the Written Notice
Use a Mississippi-compliant template stating the grounds, amount owed (if non-payment), and the cure period (3 or 30 days)
Deliver the Notice
Hand deliver to the tenant, leave at the rental unit, or send by mail. Personal delivery is preferred for proof purposes
Wait for the Notice Period
Allow 3 full days for non-payment or 30 days for violations. If the tenant cures, the tenancy continues
File in Justice Court
After the notice period expires, file an eviction complaint in Justice Court in the county where the property is located. Filing fee is $35-$50
Mississippi Eviction Timeline
Mississippi's eviction process is among the fastest in the country. After the 3-day notice period for non-payment, the landlord files in Justice Court. The court typically schedules a hearing within 5 to 10 days. At the hearing, if the landlord proves proper notice and non-payment, the court enters a judgment for possession.
After judgment, the tenant has 3 days to appeal to County Court. If no appeal is filed, the court issues a Writ of Possession, and the sheriff or constable can execute it within days. Total time for an uncontested case: 2 to 3 weeks from the initial notice.
Contested cases or cases involving the 30-day violation notice take longer, typically 6 to 8 weeks. Appeals to County Court are heard de novo (a completely new trial) and can add 4 to 6 weeks to the process.
Mississippi Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $35 - $50 |
| Service of Process | $20 - $40 |
| Writ of Possession Execution | $30 - $75 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal to County Court | $75 - $150 |
Sample Mississippi Eviction Notice
Below is a preview of a Mississippi-compliant 3-day notice for non-payment under Miss. Code Ann. §89-8-13.
3-DAY NOTICE TO PAY OR QUIT
STATE OF MISSISSIPPI
Pursuant to Miss. Code Ann. §89-8-13
LANDLORD:
Name: [Full Legal Name]
Address: [Mississippi Address]
TENANT:
Name: [Full Legal Name]
Premises: [Rental Address, County, MS]
NOTICE:
You have three (3) days to pay $_____ in past-due rent or surrender possession of the premises. Failure to comply will result in termination of your lease and eviction proceedings in Mississippi Justice Court.
MISSISSIPPI LAW
This notice complies with the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. §§89-8-1 through 89-8-29).