Free Mississippi Notice of Non-Renewal
The written notice Mississippi landlords use to end a periodic tenancy or decline to renew a fixed-term lease. Miss. Code Ann. § 89-8-19 sets the notice period: 30 days written notice. Built for Mississippi landlords.
Free Mississippi Notice of Non-Renewal — overview
Notice of Non-Renewal is one of the highest-stakes routine documents in Mississippi landlord-tenant practice. A defective notice — wrong period, improper service, missing required information — cannot support an eviction action, forcing the landlord to start over and pushing recovery of possession back by months. Mississippi non-renewal practice has technical requirements: the tenancy type (month-to-month or week-to-week) sets the period, not the length of occupancy; the clock starts when the written notice is given; the notice must be in writing with all required elements, and you must be able to prove the date it was given. The form on this page handles the mechanics correctly; the page itself walks through the analysis step by step.
CA Notice Period
30 days
Authority
§ 89-8-19
Allowed Hours
Business hours
Emergency
No notice required
On this page
A Mississippi Notice of Non-Renewal is the written notice a landlord uses to end a periodic tenancy or to communicate that a fixed-term lease will not be renewed at expiration. Miss. Code Ann. § 89-8-19 sets the notice-period requirements: 30 days written notice for a month-to-month tenancy, 7 days for week-to-week. The statute prescribes no delivery method. Getting the notice right is high-stakes work: a defective notice cannot support an eviction action, and the landlord must start over with a corrected notice — pushing recovery of possession back by months. The form on this page handles the mechanics; the rest of this guide walks through the requirements.
📅 Notice Period Calculator
Enter the date you’ll deliver the notice. The calculator shows the earliest valid termination date under Miss. Code Ann. § 89-8-19.
Earliest valid termination date
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✎ Complete Your Mississippi Notice of Non-Renewal
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What a Notice of Non-Renewal does
A Mississippi Notice of Non-Renewal is the document that ends a residential tenancy without alleging tenant fault. It is the formal communication that the tenancy will not continue past the date specified in the notice. Two distinct scenarios trigger its use: (1) ending a periodic (month-to-month) tenancy, and (2) declining to renew a fixed-term lease at expiration.
The notice is procedurally similar to other Mississippi eviction-related notices, but substantively different. A pay-rent-or-quit notice alleges nonpayment. A cure-or-quit notice alleges a curable lease breach. A notice of non-renewal does not necessarily allege any wrongdoing — it simply ends the tenancy at the end of the notice period.
What the notice accomplishes practically: it establishes the date on which the tenant’s legal right to occupy the premises ends. After that date, if the tenant has not vacated, the landlord may file an unlawful detainer or eviction action to recover possession. The non-renewal notice is the precondition to the eviction action — without it (or with a defective version), the landlord cannot lawfully recover possession of a tenancy that has not otherwise been forfeited.
The form on this page produces a Notice of Non-Renewal that satisfies Miss. Code Ann. § 89-8-19 and complies with Mississippi’s notice-period requirements. The mechanical accuracy of the document is critical: a notice that gets the period wrong, omits required information, or fails proper service is unenforceable, and the landlord must start over.
Mississippi legal framework
Mississippi non-renewal of a residential tenancy operates under several layered sources of law. Three primary frameworks apply to most non-renewal notices in this state.
1. Miss. Code Ann. § 89-8-19 — the notice-period statute. This is the primary statute setting the required advance notice for terminating a residential periodic tenancy. The notice period is 30 days written notice. The period runs from the date of delivery to the termination date stated in the notice, not from the date the notice was prepared.
2. Miss. Code Ann. § 89-8-17 — expiration of a fixed-term agreement. A rental agreement with a definite term expires on the date stated in it (§ 89-8-17(1)); no separate statutory non-renewal notice is required to end it. After expiration, § 89-8-17(2) lets the landlord give notice — in writing, or by email or text message if the tenant has agreed to be notified that way — that the tenant is holding over and that eviction proceedings will commence no earlier than three (3) days after the notice. The 30-day rule in § 89-8-19 governs periodic (month-to-month) tenancies. Note: § 89-7-31, which older templates cite for service, is the summons provision in the removal procedure for premises that are not dwelling units — it prescribes no method of delivering a pre-suit notice.
3. Implied covenant of quiet enjoyment. Independent of any specific statute, every Mississippi residential lease carries an implied covenant that the tenant will have peaceful, exclusive possession of the premises for the duration of the tenancy. A non-renewal notice that is part of a pattern of harassment, retaliation, or discrimination breaches this covenant and exposes the landlord to claims for damages, attorney’s fees, and equitable relief.
Anti-retaliation protections. Mississippi does not have a strong statutory anti-retaliation framework specific to landlord-tenant relationships. However, federal law (42 U.S.C. § 3617 and related provisions) and common-law principles still prohibit a landlord from retaliating against a tenant for exercising fair-housing rights. A non-renewal that follows protected tenant conduct (fair-housing complaint, code-enforcement contact) can support a federal retaliation claim.
Anti-discrimination protections — federal Fair Housing Act and Mississippi fair housing law. A non-renewal notice that targets a tenant based on a protected class (race, color, religion, national origin, sex, familial status, disability, and source of income in some jurisdictions) violates fair housing law regardless of whether the technical notice-period requirements are met. Disparate-impact analysis can also reach facially neutral policies that disproportionately affect a protected class.
Notice period under § 89-8-19
Miss. Code Ann. § 89-8-19 sets the notice period for terminating a residential periodic tenancy in Mississippi. In Mississippi, the required advance notice for terminating a residential periodic tenancy is 30 days.
| Tenancy | Required notice | Source |
|---|---|---|
| Periodic tenancy | 30 days written notice | Miss. Code Ann. § 89-8-19 |
The clock starts when the written notice is given. Miss. Code Ann. § 89-8-19 requires the notice to be given at least thirty days (or seven for a week-to-week tenancy) before the termination date, so the period runs from the date the tenant receives it — typically the date of hand delivery, or the delivery date shown on a certified-mail receipt. The notice must specify a termination date that falls at or after the end of the required period. A notice that calculates the date wrong (for example, counting from the date of preparation rather than the date of service) is defective and unenforceable.
Mississippi does not tier the notice period by length of occupancy. Some states lengthen the notice once the tenant has lived in the unit for a year or more, measured by cumulative occupancy. Mississippi does not: § 89-8-19 is a flat thirty (30) days for a month-to-month tenancy and seven (7) days for a week-to-week tenancy, whatever the tenant’s total time in the unit. A tenant of ten years and a tenant of two months get the same period.
Fixed-term leases — non-renewal vs. termination. A fixed-term lease typically expires by its own terms on the last day of the term. If the lease itself requires the landlord to give advance notice of non-renewal, failing to give that notice may convert the tenancy to month-to-month on the same terms. Check the lease before assuming the fixed term simply expires.
The notice cannot be shortened by lease provision. A lease term that purports to authorize less than the statutory notice period is void and unenforceable as to that provision. The tenant can consent to a shorter period at the time the notice is issued, but cannot prospectively waive the § 89-8-19 minimum in advance through a lease.
The notice can be lengthened by lease provision. A lease that requires the landlord to give 90 days notice of non-renewal is enforceable — the landlord must give the longer period the lease specifies. Longer-notice lease provisions are common in larger rental developments and corporate-owned properties.
Authorized delivery methods
Mississippi prescribes no delivery method for this notice at all. Miss. Code Ann. § 89-8-19 says only that the tenancy may be terminated "by a written notice given to the other at least thirty (30) days prior to the termination date" (seven days for a week-to-week tenancy). There is no statutory three-tier ladder, no substituted-service step, no posting-plus-mailing step, and no extra days added for mailing. Because the statute measures from when the notice is given, the whole question is whether you can prove the date.
| Method | Procedure | Effective date |
|---|---|---|
| Personal delivery | Hand the notice directly to the tenant. | Date of personal delivery — clock starts immediately |
| Certified mail, return receipt requested | Mail the written notice and keep the return receipt or the electronic delivery confirmation. | Date the notice was given — the receipt fixes it. Mississippi adds no extra days for mailing. |
| Professional process server | Engage a server to deliver the written notice and file a dated return. | Date stated in the server’s return |
| Email or text alone | § 89-8-19 requires a written notice and does not authorise electronic delivery. (Electronic delivery is expressly authorised elsewhere in the Act — § 89-8-13 and § 89-8-17(2) — but only where the tenant has agreed to it, and those sections govern breach and holdover notices, not periodic termination.) | — |
| Oral notice | Never sufficient. § 89-8-19 requires writing. | — |
Personal delivery is the cleanest and most defensible. Whenever practical, deliver the notice personally to the tenant. Document the date, time, and circumstances of delivery — ideally with a witness or photo. Personal delivery starts the notice clock immediately, eliminating any dispute about when the period began.
There is no Mississippi "substituted service" or "post and mail" step for this notice. Those are borrowed from states whose statutes prescribe a service hierarchy. Mississippi’s does not. Leaving the notice with an adult occupant, or taping it to the door, is not a statutory method — it is simply weaker evidence that the notice was given. If you cannot hand the notice to the tenant, use certified mail with return receipt so the date is documented.
Mailing adds no days in Mississippi. Several states add days to a notice period when the notice goes by mail. Mississippi has no such provision, so the thirty days run from when the written notice is given. Build your own cushion instead of relying on a statutory extension that does not exist.
Document delivery rigorously. Whatever method is used, the landlord should document the date, time, method, and circumstances of delivery. The landlord’s defense in any later challenge to the notice — including in an unlawful detainer or eviction proceeding — depends almost entirely on this documentation. Keep delivery documentation in the property file for the duration of the tenancy plus the applicable statute of limitations.
Required information for the notice
Miss. Code Ann. § 89-8-19 does not specify a precise content requirement for non-renewal notices, but settled Mississippi practice and case law establish a minimum set of elements the notice must contain.
| Element | Why it’s required |
|---|---|
| Date of the notice | Establishes the timeline; required for proof of service |
| Names of all tenants | The notice must run against every adult tenant on the lease (or all named occupants if no formal lease) |
| Property address | Identifies the specific premises being terminated |
| Termination date | Must be at least the required period after delivery; specific calendar date |
| Statutory authority | Reference to Miss. Code Ann. § 89-8-19 establishes the legal basis |
| Landlord name and contact | Required for any tenant response or follow-up |
| Signature | Must be signed by the landlord or authorized agent |
| Method of service | Notice itself doesn’t require this, but proof of service should be prepared and retained |
Termination date must be calculated correctly. The date stated in the notice as the termination date must be at least the statutory required number of days after the date of delivery. A notice that says “tenancy terminates X days from the date of this notice” without identifying a specific calendar date creates ambiguity and is on weaker enforcement ground. Pick a specific calendar date and verify the math.
The landlord’s identity must be unambiguous. If a property-management company is serving the notice on behalf of an owner, the notice should make that relationship clear. A notice signed in an ambiguous capacity invites disputes about authority.
Documentation supports the notice. Beyond the notice itself, the landlord should retain a copy of the lease (showing the tenancy duration and terms), a record of delivery (proof of service), and any communications with the tenant about the non-renewal. These documents become evidence if the tenant disputes the notice.
Common mistakes that void the notice
Calculating the notice period from the wrong date
The notice period runs from the date of delivery, not from the date the notice was prepared, signed, or dated. A notice signed on March 1, served on March 15, with a termination date that does not account for the service date as the start of the clock is defective. The miscalculation is one of the most common reasons notices fail in unlawful detainer or eviction proceedings.
Importing another state’s tiered notice period
Templates written for states with a one-year tier lead landlords to calculate a longer notice for a long-standing tenant. In Mississippi that calculation has no statutory basis: § 89-8-19 sets a flat thirty days for month-to-month and seven days for week-to-week regardless of how long the tenant has occupied the unit. Giving more notice than the statute requires is safe; assuming a different period applies because the tenancy is old is simply wrong.
Mailing-only service
Miss. Code Ann. § 89-8-19 requires a written notice and prescribes no method of delivery. What defeats landlords here is not the choice of method but the absence of proof: an ordinary first-class mailing with no receipt leaves no evidence of the date the notice was given, and an email or text does not satisfy the writing requirement of § 89-8-19 at all.
Email or text-only delivery
Email and text are not authorized methods of service for termination notices in Mississippi, even if the lease purports to authorize electronic service. A notice delivered only by email or text is generally void.
Issuing a non-renewal during a protected period
Mississippi does not have a state-statutory anti-retaliation framework, but federal law and common-law principles still apply. Avoid issuing a non-renewal that follows tenant fair-housing or habitability assertions without a documented legitimate reason. Issuing a non-renewal within the protected period without a documented legitimate reason invites a retaliation claim and shifts the burden of proof to the landlord.
Targeting a tenant in a protected class
Even where the technical notice-period requirements are met, a non-renewal that targets a tenant based on race, religion, national origin, familial status (including pregnancy or having children), disability, source of income, or other protected characteristics under federal and Mississippi fair housing law is illegal. Disparate-impact analysis can also reach facially neutral patterns. A pattern of non-renewals concentrated in one demographic exposes the landlord to fair housing claims.
Failing to identify all tenants on the notice
Every adult tenant named on the lease should be named on the non-renewal notice. A notice that omits one of the named tenants is on weaker ground and may not support an eviction action against the omitted tenant. Some courts also require service on each named tenant individually.
Wrong termination date for the rental period
For periodic tenancies, the termination date should fall at the end of a rental period, not in the middle. A notice that terminates the tenancy mid-month for a month-to-month tenancy may not support an eviction until the end of the next rental period. Mississippi courts vary on how strictly this is enforced, but the safer practice is to align termination with the end of a rental period.
Not retaining a copy of the notice and proof of service
The notice and proof of service are the landlord’s primary evidence in any later eviction proceeding. Failing to retain copies leaves the landlord without the foundation to prove proper notice was given. Maintain the notice, proof of service, and any related communications in the property file.
Tenant remedies for defective notice
A Mississippi tenant who receives a defective non-renewal notice — wrong period, improper service, missing required information, or retaliatory or discriminatory motive — has multiple potential remedies. Understanding these helps landlords appreciate why getting the notice right matters.
Affirmative defense in eviction proceedings
The most common scenario: the landlord serves a defective notice, the tenant does not vacate by the termination date, the landlord files an eviction action, and the tenant raises the defective notice as an affirmative defense. If the defense succeeds, the action is dismissed and the landlord must serve a corrected notice and start over. The tenant typically remains in possession during the do-over and may be entitled to attorney’s fees if the lease has a fees clause.
Anti-retaliation damages
Mississippi does not have a state-statutory retaliation cause of action specific to landlord-tenant. However, federal Fair Housing Act protections (42 U.S.C. § 3617) provide remedies for retaliation tied to fair-housing rights. State common-law contract and tort theories may also support claims based on landlord misconduct that includes retaliatory non-renewal.
Fair housing claims — federal FHA and Mississippi fair housing law
A non-renewal that targets a tenant based on a protected class violates state and federal fair housing law independent of any notice-period issue. Remedies include actual damages, statutory penalties, attorney’s fees, and injunctive relief. HUD accepts complaints; private actions are also available.
Constructive eviction and quiet-enjoyment claims
A non-renewal that is part of a pattern of harassment — repeated baseless notices, threats, illegal entry, utility shutoffs — supports a constructive-eviction claim and a breach of the implied covenant of quiet enjoyment. These claims provide damages independent of the notice itself and can be raised in any eviction action or in a separate civil action.
Bottom line for landlords: the cost of getting a non-renewal notice right is small; the cost of getting it wrong can be substantial. A defective notice typically delays recovery of possession by several months (during the redo plus any eviction proceeding), exposes the landlord to attorney’s fees, and may trigger fair-housing or retaliation claims if the defects suggest bad faith. The form on this page handles the mechanics; the analysis above is the legal context.
Related Resources
- Mississippi lease termination laws
- Mississippi eviction notice laws
- Mississippi breaking lease laws
- Mississippi landlord tenant laws
- Mississippi habitability laws
- Lease termination laws by state
Get the full Mississippi landlord-tenant picture
Notice of Non-Renewal is one of the highest-stakes routine documents in Mississippi landlord-tenant practice. Our Mississippi habitability law guide and tenant-rights guide cover the broader framework — implied warranty of habitability, repair-and-deduct remedies, retaliation protections, and the operational rhythm of Mississippi residential tenancy.
Read Mississippi habitability lawsMississippi statute reference table
| Statute | Subject | Key requirement |
|---|---|---|
| Miss. Code Ann. § 89-8-19 | Termination notice for periodic tenancies | 30 days written notice |
| Miss. Code Ann. § 89-8-17 | Expiration of a fixed-term agreement; holdover notice | Fixed term expires on its stated date; after expiration, eviction may commence no earlier than 3 days after notice |
| 42 U.S.C. § 3601 et seq. | Fair Housing Act — federal | Federal-level fair housing protections; HUD enforcement |
Mississippi statute citations are to the official code as referenced. Local ordinances may layer additional requirements on top of state law and should be consulted independently.
Frequently asked questions
How much notice do I have to give to non-renew a Mississippi tenancy?
Do I need to give a reason for non-renewing the tenancy?
How do I serve the notice?
What happens if my fixed-term lease expires?
Can a tenant waive the notice period in advance?
What if the tenant has been a long-term resident?
What happens if my notice is defective?
Can I issue a non-renewal in retaliation for a tenant complaint?
Does a non-renewal need to be in writing?
What if my lease specifies a different notice period?
When to consult an attorney
Most Mississippi non-renewals are routine and never need an attorney. If the tenant has raised retaliation or fair-housing claims, the property is in a city with a local just-cause ordinance, the tenancy involves long-term occupants or complicated lease history, or you suspect the tenant may contest the notice, consult a Mississippi landlord-tenant attorney before serving. A clean § 89-8-19 procedure with documented service and contemporaneous file records is the foundation of a defensible non-renewal; an attorney’s review at the right moment is far cheaper than defending a defective notice in eviction proceedings.
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Sources cited on this page
- Miss. Code Ann. §89-8-1 et seq. (the residential landlord-tenant act)
- Miss. Code Ann. §89-8-19 (termination of a periodic tenancy)
- Miss. Code Ann. §15-3-1(c) (statute of frauds – leases required to be written)
- 42 U.S.C. § 3601 et seq. (federal Fair Housing Act)
- 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Mississippi landlord-tenant law has technical requirements that can change with legislation and case law. Miss. Code Ann. § 89-8-19 and related provisions vary in interpretation by jurisdiction and over time. Specific situations — long-term tenancies, fixed-term leases with renewal-notice clauses, retaliation and fair-housing defenses, local ordinance overlays — depend on facts that this general guidance cannot fully address. Always verify current requirements with the Mississippi statute book, applicable local ordinances, or a qualified Mississippi landlord-tenant attorney before relying on this notice in any contested or sensitive situation. Review Mississippi eviction notice laws.
