Mississippi Non-Payment of Rent Notice Overview
Mississippi requires a 3-day notice for non-payment under Miss. Code §89-7-27 before filing an eviction action. Mississippi has one of the least regulated landlord-tenant environments in the nation—the state never adopted the URLTA and has very few specific statutes governing residential rentals. The 3-day notice is the primary prerequisite to filing.
Evictions in Mississippi are filed in the Justice Court of the county where the property is located. Mississippi's Justice Court system provides a fast, low-cost eviction process with filing fees as low as $29. Hearings are typically scheduled within 5-10 days of filing. The state's minimal regulatory framework means landlords have broad discretion, but also means tenants have limited statutory defenses.
3 Days
Notice period
$40
Avg. filing fee
Yes
Right to cure
2-3 wks
Court process
Mississippi's 3-Day Notice Requirement
Under Miss. Code §89-7-27, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Mississippi has one of the least regulated landlord-tenant environments in the country. There is no statewide residential landlord-tenant act (Mississippi never adopted the URLTA). The 3-day notice requirement is minimal, and the state has very few specific tenant protections beyond basic contract law. Evictions are handled in Justice Court, which has a low filing fee and fast processing.
Mississippi: Minimal Statutory Framework
Mississippi has no comprehensive residential landlord-tenant act—it never adopted the Uniform Residential Landlord and Tenant Act (URLTA). As a result, landlord-tenant relationships are governed primarily by common law, basic contract principles, and a few scattered statutes. There are no statutory late fee caps, no mandatory grace periods, no required lease provisions, and very few tenant protections. The eviction process is fast and inexpensive, with Justice Court filing fees as low as $29.
Mississippi Legal Requirements (Miss. Code §89-7-27)
For the notice to be valid under Mississippi law, it must meet specific requirements established by statute and interpreted by Mississippi courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Mississippi law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Mississippi Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Mississippi's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable. Mississippi has few specific landlord-tenant regulations. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Mississippi law.
Mississippi Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Mississippi
Mississippi law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Mississippi courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Mississippi courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Mississippi Justice Court. Include the original notice and proof of service with your filing.
Mississippi Non-Payment Eviction Timeline
The Mississippi eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Pay or Vacate | Day 1 |
| Notice period expires | Day 4 |
| File eviction in Justice Court | Day 4-6 |
| Summons served (5 days before hearing) | Day 6-10 |
| Court hearing | Day 9-16 |
| Judgment for possession | Day 9-16 |
| Writ of possession executed | Day 12-22 |
Total estimated time: 2-3 weeks uncontested. Mississippi is one of the fastest and cheapest states for evictions. Contested cases take 3-5 weeks.
Mississippi Eviction Filing Fees & Costs
Filing fees for eviction actions in Mississippi vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Justice Court Filing Fee | $29 - $50 |
| Service of Process | $15 - $40 |
| Writ of Possession/Restitution | $20 - $50 |
| Attorney Fees (if hired) | $300 - $1,200 |
| Appeal (if needed) | $50 - $150 |
Sample Mississippi 3-Day Non-Payment Notice
Below is a preview of our Mississippi-specific non-payment notice. The final document includes all statutory language required under Miss. Code §89-7-27 and is formatted for Mississippi court proceedings.
THREE (3) DAY NOTICE TO PAY RENT OR VACATE
STATE OF MISSISSIPPI
Pursuant to Mississippi Code §89-7-27
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Mississippi Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
MISSISSIPPI STATUTORY NOTICE:
You are in default for non-payment of rent in the amount of $[Amount]. You have THREE (3) DAYS from service to pay the full amount or vacate the premises. If you fail to comply, the landlord will file for eviction in Mississippi Justice Court to recover possession, unpaid rent, and all costs permitted by law.