How much notice does a Mississippi landlord have to give before evicting for nonpayment?

Miss. Code sec. 89-8-13(5)(a) requires a 3-day notice to pay rent or quit. The 3 days run as calendar days. Mississippi courts require precise demand language; overstated amounts or missing required disclosures void the notice.

Can I include late fees in the amount demanded?

No. The demand must be for past-due rent only. Including late fees, utilities, repair charges, or other non-rent items in the demand is a defect that can void the notice. If the lease has a separate late-fee provision, those amounts are pursued separately.

What happens if I accept partial payment after serving the 3-day notice?

Accepting partial rent after serving the 3-day notice may waive the notice and require a fresh notice for the remaining balance. Mississippi courts have repeatedly voided unlawful detainer actions where the landlord accepted any portion of the rent demanded after the notice was served. Best practice: do not accept any payment during the notice period unless it is the full amount.

How is the 3-day notice served?

Miss. Code sec. 89-8-13(5)(a) requires the notice to be in writing, and permits delivery by email or text message where the tenant has agreed in writing to be notified that way. Mississippi prescribes no substituted-service or post-and-mail step and adds no days for mailing; the three days run from the tenant’s receipt, so use a method that proves the delivery date.

Can the tenant pay after the 3-day period expires but before I file the unlawful detainer?

Yes. The landlord may accept full payment any time before filing the unlawful detainer, and the late payment cures the default. Once the unlawful detainer is filed, the tenant generally has the right to redeem (pay the full judgment amount including court costs) up until judgment is entered. After judgment, the right to redeem ends.

What if the rental property is in a city with rent control?

Local rent control or just-cause jurisdictions often impose additional procedural requirements on top of the state 3-day notice. They may require a separate notice-of-eviction filing with the local rent board, additional disclosure language in the notice, or longer cure periods. Verify with the local rent board before relying solely on state law.

How long is the full eviction process if the tenant does not pay?

After the 3-day notice expires, the unlawful detainer is filed. The tenant has 5-21 days to respond depending on Mississippi rules. If the tenant defaults, judgment can issue within 1-3 weeks. If contested, trial is set within 20-60 days. After judgment, the sheriff posts a notice to vacate before lockout. Total timeline: 30-90 days uncontested, 60-180 days contested.

⚖ Mississippi Eviction Forms: 3-Day Pay-or-Quit Notice All Mississippi Landlord Forms Late Rent Notice Rent Increase Notice All Mississippi Forms

Free Mississippi 3-Day Notice to Pay Rent or Quit

The statutorily-required 3-day notice a Mississippi landlord must serve before filing eviction for nonpayment of rent. 3 calendar days under Miss. Code sec. 89-8-13(5)(a). Built for Mississippi landlords.

Mississippi 3-Day Notice Miss. Code sec. 89-8-13(5)(a) Free PDF 2026 Edition

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