Mississippi Eviction Notice Laws: What Landlords Must Do First
Mississippi gives a three-day notice to pay for nonpayment and a fourteen-day notice to cure for a lease violation, then an unlawful entry and detainer case in Justice Court. Here is how the notices work in 2026.
An eviction in Mississippi begins with a written notice that matches the reason for ending the tenancy. For nonpayment, the Residential Landlord and Tenant Act gives the tenant three days to pay; for a lease violation, fourteen days to cure. Only after the notice period can a landlord bring an unlawful entry and detainer action in Justice Court, and self-help is never allowed.
This guide covers the Mississippi notice for nonpayment, the notice for a lease violation, ending a tenancy without cause, how to serve a notice correctly, and the court process that follows. If you are filling a unit after a tenancy ends, our overview of how to screen tenants step by step pairs well with the rules below.
Video: a plain-language walkthrough of Mississippi eviction notice rules – the notice types, the time each gives, and the court process that follows.
Key Takeaways: Mississippi Eviction Notice Laws
- Nonpayment gets a three-day notice to pay under Mississippi Code Section 89-8-13; paying in full within three days stops the termination.
- A lease violation gets a fourteen-day notice to cure; the tenancy ends only if the breach is not remedied within that period.
- A repeat of the same violation within six months can be terminated on a fourteen-day notice with no further chance to cure.
- Removal runs through Justice Court as an unlawful entry and detainer action under Mississippi Code Sections 11-25-1 and following – never self-help.
Eviction Starts With a Notice in Mississippi
In Mississippi, a landlord cannot remove a tenant by changing the locks, shutting off utilities, or any other self-help measure. An eviction begins with a written notice and, if the tenant does not comply, proceeds through a court process. The notice is not a formality – it is a legal prerequisite, and a defective notice can sink the whole case.
The type of notice and how long it gives the tenant depend on the reason for the eviction. This guide covers the notice for nonpayment, the notice for a lease violation, ending a tenancy without cause, and how to serve the notice so it holds up. Our overview of how to screen tenants step by step is the front-end companion – good screening is what reduces evictions in the first place.
Notice for Nonpayment of Rent in Mississippi
In Mississippi, nonpayment carries one of the shortest notices. Under the Residential Landlord and Tenant Act, Mississippi Code Section 89-8-13, when a tenant fails to pay rent the landlord may deliver a written notice stating that the rental agreement will terminate if the rent is not paid within three days. Paying the full amount within those three days stops the termination.
Mississippi sets no statutory grace period before that notice, so rent is late the day after it is due unless the lease says otherwise, and the three-day notice may issue once rent is unpaid. If the tenant neither pays nor leaves, the landlord’s next step is a court case – an unlawful entry and detainer action – not a lockout.
Notice for a Lease Violation in Mississippi
For a lease violation other than nonpayment, Mississippi gives the tenant more room to fix the problem. Under Mississippi Code Section 89-8-13, the landlord delivers a written notice describing the breach and stating that the rental agreement will terminate on a date not less than fourteen days after the tenant receives it if the breach is not remedied within a reasonable time not exceeding fourteen days. A breach the tenant cures in time stops the termination.
The cure right is not unlimited. If substantially the same violation recurs within six months, the landlord may terminate on a fourteen-day notice with no further chance to cure, and a substantial violation that materially affects health or safety can support termination without that advance notice under Mississippi Code Section 89-8-19. Our look at Mississippi security deposit laws covers how the deposit is applied if the tenancy ends.
Ending a Tenancy Without Cause in Mississippi
Not every eviction is for fault. To end a month-to-month tenancy in Mississippi for no cause, a landlord generally gives a written termination notice – commonly thirty days – stating the date the tenancy ends, after which the tenant must leave. A fixed-term lease ends on its own date, though some tenancies require a notice that the lease will not renew.
A no-cause termination still cannot be used as a cover for retaliation or discrimination. If the timing follows a tenant’s complaint or tracks a protected characteristic, a no-cause notice can be challenged as a pretext, so the same even-handed discipline applies as to a for-cause eviction. Our look at Mississippi rent increase laws explains how that anti-retaliation principle also limits the timing of a rent increase.
Serving the Notice Correctly in Mississippi
A notice is only as good as its service. Mississippi sets out how a notice must be delivered – typically personal delivery, leaving it with a suitable person, or posting and mailing – and the method affects when the clock starts. Using the wrong method, or miscounting the days, is one of the most common reasons an eviction is dismissed and has to start over.
Keep the notice specific: state the reason, the amount owed if it is nonpayment, the deadline, and the date and method of service. A dated copy and proof of how it was served are what show the notice period ran correctly if the case reaches court.
After the Notice: the Court Process in Mississippi
If the tenant does not comply with the notice, the landlord’s next step is a court eviction action – not self-help. Mississippi requires the landlord to file the case, serve the tenant with the court papers, and obtain a judgment before a sheriff or marshal can carry out a removal. Only a court officer may physically evict; a landlord who removes a tenant or their belongings directly is liable for damages.
The notice period and a valid notice are prerequisites to that filing, which is why the earlier steps matter so much. A clean notice, correctly served, is what lets the court process move forward without a restart.
Eviction, Retaliation, and Fair Housing in Mississippi
An eviction is governed by anti-retaliation and fair housing law as much as by the notice rules. A Mississippi landlord may not evict to punish a tenant for a habitability complaint, a code report, or organizing, and may not apply a harsher eviction standard to a tenant because of race, color, religion, sex, national origin, familial status, or disability. A retaliatory or discriminatory eviction is a defense the tenant can raise and a liability for the landlord.
The safeguard is a consistent, documented basis for every eviction, applied the same way to comparable tenants. For the federal baseline on protected characteristics, see our Fair Housing Act guide for landlords.
Screening to Avoid Evictions
The cheapest eviction is the one you never have to file. A tenant screened for payment history, prior evictions, and income is far less likely to end up in a nonpayment or for-cause notice, which makes thorough screening the best front-end protection against the eviction process.
Screen every applicant to the same standard: get written consent, pull a consumer report for a permissible purpose under the federal Fair Credit Reporting Act, and send an adverse action notice if the report drives a denial. Our Mississippi tenant screening laws page and the broader tenant screening laws by state guide cover the screening half of the picture, whether you rent in Mississippi or anywhere else.
A Compliant Mississippi Notice Process
Turn the rules into one repeatable sequence. First, identify the ground – nonpayment, a curable lease violation, a serious irreparable breach, or no cause – because it sets the notice and the time. Second, wait out any grace period and prepare a notice that states the reason, the amount or conduct, and the deadline. Third, serve it by an approved method and record the date and manner. Fourth, give the tenant the full notice period to comply or cure. Fifth, if the tenant does not, file the court action rather than acting on your own.
Handled this way, an eviction notice in Mississippi is routine. The same discipline that keeps screening defensible – objective standards, applied uniformly, documented – keeps an eviction defensible too, and it is the correct notice, properly served, that decides whether the case proceeds or restarts.
Common Mistakes That Create Liability
The recurring Mississippi errors are using the wrong notice for the ground, miscounting the notice period, serving the notice improperly, resorting to self-help instead of the court process, and evicting in a way that looks retaliatory or discriminatory. Almost every one turns on the notice and the process, which is where Mississippi law gives a tenant a defense and a defective eviction falls apart.
The notice is the case. In Mississippi, the right notice for the ground, served correctly for the full period, is what lets an eviction proceed. Never use self-help – only a court order and a court officer can remove a tenant – and keep the timing clear of any retaliation.
Documentation and Recordkeeping in Mississippi
Because Mississippi ties an eviction to a valid notice and a court process, your records are what prove the case. Keep a dated copy of the notice, proof of how and when it was served, the ledger showing any rent owed, and the documentation of the lease violation or other ground. That file is what the court relies on, and a gap in it is what gets a case dismissed.
Keep the communication history too – repair requests, complaints, and your responses – so you can show the eviction was for a legitimate ground and not retaliation. If a tenant raises a retaliatory or discriminatory defense, that record of a consistent, documented basis is your strongest rebuttal.
Set one eviction-notice process and apply it to every tenant. A consistent record of grounds, notices, and service gives you the evidence to proceed in court and to answer a fair housing inquiry. Our guide to verifying tenant income rounds out the financial side of managing a tenancy in Mississippi.
Do
- ✓Match the notice type to the ground – nonpayment, lease violation, serious breach, or no cause.
- ✓Wait out any required grace period before serving a notice.
- ✓State the reason, the amount or conduct, and the deadline clearly in the notice.
- ✓Serve the notice by an approved method and record the date and manner.
- ✓Use the court process for removal – never self-help.
Avoid
- ✕Use the wrong notice or miscount the notice period.
- ✕Change the locks, remove belongings, or shut off utilities to force a tenant out.
- ✕Serve a vague notice that omits the reason or the deadline.
- ✕Evict in retaliation for a complaint or repair request.
- ✕Skip the court action and try to remove the tenant yourself.
Mississippi Eviction Notice Laws: FAQ
How much notice does a Mississippi landlord give for nonpayment of rent?
A written notice that the rental agreement terminates if the rent is not paid within three days, under Mississippi Code Section 89-8-13. Paying the full amount due within the three days stops the eviction.
How long is the notice for a lease violation in Mississippi?
Fourteen days. The landlord serves a written notice describing the breach; the tenancy ends no sooner than fourteen days after the tenant receives it if the breach is not remedied within a reasonable time not exceeding fourteen days.
Does Mississippi have a grace period before rent is late?
No statutory grace period. Rent is late the day after it is due unless the lease provides otherwise, and the three-day pay-or-quit notice may issue once rent is unpaid.
Can a Mississippi tenant cure a lease violation to avoid eviction?
Yes, for a curable breach. If the tenant adequately remedies the violation before the date in the fourteen-day notice, the rental agreement does not terminate. A repeat of substantially the same violation within six months can be terminated without a further cure period.
How much notice ends a month-to-month tenancy in Mississippi?
Thirty days’ written notice before the termination date under Mississippi Code Section 89-8-19. A week-to-week tenancy takes at least seven days’ notice.
Can a Mississippi landlord evict without going to court?
No. After the notice period, the landlord files an unlawful entry and detainer action in Justice Court and must obtain a judgment and a warrant of removal. Self-help – changing locks, shutting off utilities, or removing belongings – is illegal.
What court handles evictions in Mississippi?
The Justice Court of the county where the property sits hears the unlawful entry and detainer case under Mississippi Code Sections 11-25-1 and following; a county court may also have jurisdiction.
What must a Mississippi eviction notice contain?
It must identify the unpaid rent or the breach, state the deadline – three days for nonpayment or fourteen days to cure a violation – and be delivered to the tenant, so the period runs correctly before any court filing.
Can a Mississippi landlord evict without going to court?
No. A Mississippi landlord must serve a proper notice and, if the tenant does not comply, obtain a court judgment. Self-help – changing locks, removing belongings, or shutting off utilities – is illegal and exposes the landlord to damages.
What happens if a Mississippi eviction notice is defective?
A defective notice – the wrong type, a miscounted period, or improper service – can get the eviction dismissed, forcing the landlord to start over with a correct notice. The notice is a legal prerequisite, not a formality.
Related Mississippi Eviction and Rental Guides
- Eviction notice laws by state – compare Mississippi to the rest of the country.
- Mississippi security deposit laws – limits, deductions, and the return deadline.
- Mississippi rent increase laws – notice periods and the limits on raising rent.
- Mississippi late fee laws – what you can charge for late rent.
- Mississippi habitability laws – the repairs a landlord must make.
- Tenant screening laws by state – screen the tenant before they move in.
- Mississippi tenant screening laws – what you can check before renting.
Avoid Evictions With Better Mississippi Screening
The best eviction is the one you never file. Order FCRA-ready credit, criminal, and eviction reports and rent to reliable tenants in Mississippi.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Mississippi and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Mississippi. Reading this page does not create an attorney-client relationship.
