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UPDATED: Feb 13, 2020
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In Mississippi, landlords can terminate any tenancy by following the applicable Mississippi law. Common reasons for termination include failure to pay rent and other breaches of the lease. It is illegal in Mississippi for landlords to force their tenants out without going through the evictions process, so Mississippi landlords should be sure to stick to the evictions guidelines.
Available Mississippi Termination Notices
To evict tenants in Mississippi, landlords must first give the tenant notice of the termination. For month-to-month tenancies, the landlord must give at least one week notice that the tenancy is terminating. For longer-term tenancies, such as one year or two year, the landlord will give different notice depending on whether the reason for the termination is failure to pay rent or another breach of the lease.
If a landlord wishes to end a tenancy earlier than the lease term, he or she may do so by serving the tenant with an appropriate notice. Mississippi allows for the following types of written termination notices:
Notice to quit: This is a 30-day notice that the landlord must give for any breach of the lease besides failure to pay rent. If the breach is something that can be fixed or remedied, and the tenant fixes the breach within the 30 days given, the tenancy will not be terminated (Miss. Code’ 89-8-13(1)-(3)).
Notice to pay rent or quit: This is a 3-day notice that requires the tenant to pay rent within 3 days or leave the property (Miss. Code’ 89-7-27).
Evictions in Mississippi are generally handled by the Justice courts. These are small claims courts scattered throughout Mississippi. Find your local Justice Court and clerk in the Mississippi court directory. Eviction and notice forms will also be available from the court’s clerk. Filling out these forms correctly is essential when initiating an eviction action. If you are unsure of anything in the forms, or about any part of the eviction process, you can always consult an experienced Mississippi landlord tenant attorney, who can help you begin your eviction action. When speaking with an attorney, be sure to reference Questions to Ask Your Mississippi Evictions Lawyer below.
Self-Help Evictions in Mississippi
Self-help evictions are not legal in any state. If a landlord locks out a tenant, the tenant may be able to sue the landlord for damages and possibly attorney’s fees. If you are locked out, you should consult a Mississippi tenant lawyer to find out your options.
Questions to Ask Your Mississippi Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?