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.
Free Mississippi 3-Day Notice to Pay Rent or Quit — overview
The 3-day notice to pay rent or quit is the highest-stakes routine notice in Mississippi landlord practice. A defective notice voids the eviction, restarts the clock, and can cost the landlord weeks or months of lost rent. Common-mistake exposure includes overstated demands, accepting partial payment, miscounting the notice period, and using non-statutory service methods. The form on this page handles all the mechanics; the page walks through the statutory framework, the common mistakes, and Mississippi-specific rules.
Notice Period
3 days
Days Type
Calendar
Statute
Miss. Code sec. 89-8-13(5)(a)
Updated
2026
On this page
A Mississippi 3-Day Notice to Pay Rent or Quit is the statutorily-mandated written notice a landlord must serve on a tenant who has failed to pay rent when due. The notice is governed by Miss. Code sec. 89-8-13(5)(a). The form on this page produces a Mississippi-compliant notice; the rest of this guide walks through the statutory framework, the 3-day period mechanics, the proper service rules, and the mistakes that void notices.
What this notice does
The 3-Day Notice to Pay Rent or Quit is the procedural mechanism a Mississippi landlord uses to demand past-due rent before filing eviction. Without a properly-drafted, properly-served notice, the eviction action will be dismissed and the landlord must start over.
The notice does three things in one document. First, it demands the past-due rent. The amount must be precise to the cent. Late fees, utilities, repair charges, and other non-rent items cannot be included in the demand. A notice that overstates the amount owed is a defect that can void the entire eviction action.
Second, it gives the tenant a 3-day period to pay or vacate. The period runs from the date of service. Mississippi courts strictly construe the timing; a notice computed incorrectly or filed too early voids the eviction.
Third, it documents the procedural foundation for the eviction lawsuit. The signed notice and proof of service are exhibits to the eviction complaint. The eviction action depends on the notice; defective notices defeat the action entirely.
The cost of getting this notice wrong is significant. A defective 3-day notice forces the landlord to start over — new notice, new 3-day period, new filing fees, additional weeks of lost rent. The form on this page handles the mechanics correctly.
Mississippi legal framework
The 3-day pay-or-quit notice in Mississippi is governed by Miss. Code sec. 89-8-13(5)(a). The notice period runs as calendar days.
The Mississippi 3-day period runs as calendar days. The notice must be in writing, or delivered by email or text message where the tenant has agreed in writing to be notified that way.
Delivery requirements. Mississippi prescribes no tiered service ladder for this notice. Miss. Code sec. 89-8-13(5)(a) says only that the landlord may deliver a notice in writing, or by email or text message if the breaching party has agreed in writing to be notified by email or text message. There is no statutory substituted-service step, no statutory post-and-mail step, and no statutory extension of the period for mailing. What matters is that the tenant actually receives the notice and that you can prove it, because sec. 89-8-33 requires a copy of the notice to be filed with the eviction affidavit or complaint.
Demand precision. The notice must demand only past-due rent. 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.
Documentation. Retain the signed notice, the proof of service, and any photographs of posting (if applicable) for at least four years. If the unlawful detainer is filed, the notice and proof become court exhibits. If the tenant pays before the deadline, the documentation supports the cure record.
Federal anti-discrimination overlay. The federal Fair Housing Act (42 U.S.C. sec. 3601 et seq.) and Mississippi fair housing law prohibit eviction decisions based on race, religion, national origin, familial status, disability, or other protected characteristics. Pretextual rent demands targeting protected-class tenants give rise to fair-housing claims with statutory damages and attorney’s fees.
Anti-retaliation — what Mississippi actually has. Mississippi has no general anti-retaliation statute and no retaliation presumption. The Residential Landlord and Tenant Act touches retaliation in one narrow place only — Miss. Code sec. 89-8-17(2), which permits a landlord to raise the rent or reduce services after a rental agreement has expired provided the action did not have "the dominant purpose of retaliation" against the tenant for acts authorized by the chapter and the landlord had received written notice of the condition complained of. There is no private right of action for retaliation and no burden-shifting presumption. The substantial exposure for a retaliatory-looking notice in Mississippi is federal: the Fair Housing Act, 42 U.S.C. sec. 3617, which makes it unlawful to coerce, intimidate, threaten or interfere with a person exercising a fair-housing right, and carries damages and fee-shifting.
Counting the 3-day period
The 3-day notice period in Mississippi runs as calendar days. Saturdays, Sundays, and holidays are counted; the 3 days are continuous from the date of service.
Worked example. A 3-day notice served on Tuesday starts the period the next day (Wednesday) and ends 3 calendar days later. Weekends and holidays are included in the count.
Delivery date. The day of delivery is generally not counted; the period begins the day after the tenant receives the notice. Mississippi adds no statutory days for mailing — there is no Mississippi equivalent of the extra days some states add for service by mail, so build your own cushion instead of relying on one.
Cushion as best practice. Even when calendar days apply, giving a few extra days of cushion beyond the statutory minimum is good practice. The extra days work in the tenant’s favor and protect against any miscount.
Pay-or-quit notice form
Complete the form below to generate a Mississippi-compliant 3-Day Notice to Pay Rent or Quit. The form computes the deadline and includes the required statutory disclosures. Serve in accordance with Mississippi service rules.
1. Notice and service dates
2. Property and tenant
3. Landlord / agent
4. Past-due rent
Service rules
Mississippi does not enumerate a hierarchy of service methods for this notice. Miss. Code sec. 89-8-13(5)(a) requires a notice in writing, and expressly permits email or text message where the tenant has agreed in writing to be notified that way. Verbal notification does not satisfy the statute. Because the period runs from the tenant’s receipt, choose the method that best proves receipt.
Hand delivery to the tenant
The cleanest method. The notice is handed directly to the tenant. The 3-day period begins the day after the tenant receives it. Mississippi adds no days for any method. Best practice: have a witness present, document the time and date, and get a signed acknowledgment of receipt where you can.
Certified mail, return receipt requested
Mississippi does not require certified mail, but the return receipt is the cheapest way to fix a provable receipt date — which is what the statute measures from. Keep the green card or the electronic delivery confirmation with the file.
Email or text message — only with the tenant’s written agreement
Miss. Code sec. 89-8-13(5)(a) authorises delivery by email or text message if the breaching party has agreed in writing to be notified by email or text message. That written agreement is the condition; without it, electronic delivery alone does not satisfy the statute. Where the lease contains such a clause, keep a copy of the signed clause with the proof of delivery. The same rule appears in sec. 89-7-27 for premises that are not dwelling units.
Delivery to the landlord’s agent
Miss. Code sec. 89-8-7(2) provides that notice given to the landlord’s agent is equivalent to notice to the landlord, and lets the landlord contract with an agent to assume the landlord’s rights and duties — which is how a management company can lawfully sign and deliver the notice.
Proof of service
Mississippi does not prescribe a statutory proof-of-service form for this notice, but sec. 89-8-33 requires a copy of the written notice of breach to be filed with the eviction affidavit or complaint — so a dated declaration by the person who delivered it, stating the date, method and evidence of receipt, is what carries the point at the hearing.
Documentation retention
Retain the signed original notice, the proof of service, and any photographs of posting (if applicable) for at least four years. If the eviction is filed, the notice and proof become court exhibits.
Common mistakes that void the notice
Overstating the amount demanded
Demand only what the rental agreement makes payable. Note the Mississippi twist: sec. 89-8-7(1)(k) defines "rent" to include any late fees that the rental agreement requires a defaulting tenant to pay, so a late fee provided for in the lease is part of the rent demand in Mississippi rather than a disqualifying extra. Utilities billed to a third party, repair charges and damage claims are not rent and do not belong in the demand. Be precise to the cent either way.
Miscounting the 3-day period
The Mississippi period is calendar days — weekends and holidays count. Miscounting produces a defective notice. When in doubt, give an extra day of cushion.
Assuming mailing buys you extra days
Some states add days to a notice period when it is served by mail. Mississippi does not. The statute measures the three days from the tenant’s receipt of the notice, so a mailed notice simply moves the start date to whenever it arrives — which is exactly why proof of the delivery date matters more here than the choice of method.
Accepting partial payment after service
Accepting any portion of the rent demanded after serving the 3-day notice may waive the notice and require a fresh notice for the remaining balance. Best practice: do not accept any payment during the notice period unless it is the full demanded amount.
Emailing or texting without the tenant’s written agreement
Email and text are authorised by Miss. Code sec. 89-8-13(5)(a) — but only where the tenant has agreed in writing to be notified that way. Without that written agreement, an emailed or texted notice is not a statutory notice. Social media messages and verbal notification never satisfy the statute.
Filing the eviction action one day early
Computing the 3-day deadline correctly but filing the eviction one day before it expires defeats the entire action. Wait until the day AFTER the deadline expires to file.
Inconsistent landlord/agent identification
The notice must identify the landlord (or authorized agent) consistently with the lease and the eviction caption. A notice signed by “John Smith” when the lease lists “Smith Properties LLC” creates a chain-of-title defect.
Wrong tenant names
The notice must name all tenants on the lease. Omitting a co-tenant means the eviction cannot proceed against that co-tenant. List every adult tenant exactly as they appear on the lease.
Ignoring local ordinances in Mississippi
Cities with rent control or just-cause requirements layer additional procedural requirements on top of state law. Always verify with the local rent board before relying solely on state-level requirements.
Tenant rights and remedies
Mississippi tenants served with a pay-or-quit notice have significant statutory and common-law rights. Understanding these helps landlords appreciate why procedural precision matters.
Right to cure by paying in full
If the tenant pays the full amount demanded within the 3-day period, the default is cured and the tenancy continues. The landlord cannot refuse a timely full payment.
Right to challenge an overstated demand
If the demand includes late fees, utilities, or non-rent charges, the tenant can refuse to pay the unlawful portion and defend the eviction on the basis that the notice was defective. Mississippi courts strictly construe pay-or-quit notices in favor of the tenant.
Right to anti-retaliation protection
Mississippi has no general anti-retaliation statute and no retaliation presumption. The Residential Landlord and Tenant Act touches retaliation in one narrow place only — Miss. Code sec. 89-8-17(2), which permits a landlord to raise the rent or reduce services after a rental agreement has expired provided the action did not have "the dominant purpose of retaliation" against the tenant for acts authorized by the chapter and the landlord had received written notice of the condition complained of. There is no private right of action for retaliation and no burden-shifting presumption. The substantial exposure for a retaliatory-looking notice in Mississippi is federal: the Fair Housing Act, 42 U.S.C. sec. 3617, which makes it unlawful to coerce, intimidate, threaten or interfere with a person exercising a fair-housing right, and carries damages and fee-shifting.
Right to fair housing protection
The federal Fair Housing Act (42 U.S.C. sec. 3601 et seq.) and Mississippi fair housing law prohibit eviction decisions based on race, religion, national origin, familial status, disability, or other protected characteristics. Pretextual rent demands targeting protected-class tenants give rise to fair-housing claims with statutory damages and attorney’s fees.
Right to challenge defective notice
Defects in the notice — overstated amount, miscounted period, improper service, missing required disclosures — can be raised as affirmative defenses to the eviction. Mississippi courts dismiss eviction actions based on defective notices, restarting the clock for the landlord.
Right to local jurisdiction protections
Tenants in rent-controlled or just-cause jurisdictions may have additional protections under local ordinances. These can include longer notice periods, additional disclosure requirements, mandatory mediation, or expanded just-cause categories. Verify with the local rent board for the specific protections applicable to the rental.
Bottom line for landlords. The cost of compliance is small — precise demand, correct period, proper service, no partial payment, accurate notice content. The cost of getting it wrong is a dismissed eviction, additional weeks of lost rent, attorney’s fees, and (in retaliation/fair-housing cases) statutory damages.
Mississippi statute reference table
| Statute / Authority | Subject | Key requirement |
|---|---|---|
| Miss. Code sec. 89-8-13(5)(a) | Pay-or-quit authority (dwelling units) | 3-day notice that the rental agreement terminates if rent is not paid |
| Mississippi fair housing statute | Fair housing | Prohibits discriminatory eviction |
| Mississippi anti-retaliation | Anti-retaliation | Retaliatory eviction prohibited |
| 42 U.S.C. sec. 3601 et seq. | Federal Fair Housing Act | Federal protection against discriminatory eviction |
Local rent control ordinances may layer additional notice and procedural requirements on top of state law. Always verify with the local rent board before relying solely on state-level requirements.
Frequently asked questions
How much notice does a Mississippi landlord have to give before evicting for nonpayment?
Can I include late fees in the amount demanded?
What happens if I accept partial payment after serving the 3-day notice?
How is the 3-day notice served?
Can the tenant pay after the 3-day period expires but before I file the unlawful detainer?
What if the rental property is in a city with rent control?
How long is the full eviction process if the tenant does not pay?
Related Resources
- Mississippi late fee laws
- Mississippi eviction notice laws
- Mississippi landlord tenant laws
- Mississippi habitability laws
- Mississippi security deposit laws
- Eviction notice laws by state
When to consult an attorney
Most Mississippi pay-or-quit notices are routine when the form is correct and service is proper. Consult a Mississippi landlord-tenant attorney before issuing the notice if: the property is in a rent-controlled jurisdiction, the tenant has raised retaliation or fair-housing claims, the tenant has hired counsel, the eviction would involve a child or elderly tenant, or the lease contains an unusual rent or charge structure. A clean compliance package is the foundation; an attorney’s review at the right moment is far cheaper than litigating a defective-notice dismissal.
Read Mississippi eviction notice laws
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Sources cited on this page
- Miss. Code sec. 89-8-13(5)(a)
- Mississippi fair housing statute
- Mississippi anti-retaliation statute
- 42 U.S.C. sec. 3601 et seq. (federal Fair Housing Act)
This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Mississippi eviction law is technical and outcomes are heavily fact-dependent. Always verify current requirements with Mississippi statutes as currently in effect, the applicable local rent board (if any), and a qualified Mississippi landlord-tenant attorney before relying on this notice in any contested eviction. Review Mississippi eviction notice laws.
