Executive Statutory Summary
Under the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-13), a landlord must serve a written 3-Day Notice to Pay or Quit before filing an eviction for nonpayment of rent, or a 14-Day Notice for curable lease violations (and a 30-Day Notice to terminate a month-to-month tenancy under § 89-8-19). Once the notice expires, an eviction lawsuit (Affidavit of Removal / Unlawful Detainer) is filed in Justice Court or County Court, and the eviction summons must be served at least 5 days before the trial date.
- • Miss. Code Ann. § 89-8-13 (Mississippi Residential Landlord and Tenant Act — Notice Periods)
- • Miss. Code Ann. § 89-8-9 (Permissible Delivery Methods for Landlord-Tenant Notices)
- • Miss. Code Ann. § 89-7-27 & § 89-7-29 (Removal of Tenant Holdover / Nonpayment Proceedings)
- • Miss. Code Ann. § 89-8-35 & § 89-7-45 (Warrant of Removal / Writ of Possession)
1. Statutory Pre-Suit Eviction Notice Periods in Mississippi (Miss. Code Ann. § 89-8-13)
In Mississippi, a court will dismiss an eviction action (Removal of Tenant) if the landlord failed to serve a statutorily compliant written notice prior to filing the sworn eviction affidavit. Under the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8) and general landlord-tenant law (Title 89, Chapter 7), the mandatory notice timelines are:
- 3-Day Notice to Pay or Quit (Nonpayment of Rent): Under Miss. Code Ann. § 89-8-13(5)(a) and § 89-7-27, if the tenant fails to pay rent when due, the landlord must deliver a written 3-day notice demanding payment of the exact rent owed or possession of the premises within three (3) days.
- 14-Day Notice for Material Lease Noncompliance (30-Day Termination if Uncured): Under Miss. Code Ann. § 89-8-13(1) and (3), for a material breach of the rental agreement or tenant maintenance obligations (other than nonpayment of rent) that can be remedied, the landlord must serve a written notice specifying the acts and omissions constituting the breach and stating that the lease will terminate if the breach is not remedied within 14 days.
- Immediate / Non-Curable Threat to Health or Safety: Under Miss. Code Ann. § 89-8-13(4) and § 89-8-19(4), if the tenant commits a substantial violation that materially affects health and safety, shorter statutory termination provisions apply.
- 30-Day Notice to Terminate Month-to-Month Tenancy: Under Miss. Code Ann. § 89-8-19(3), either the landlord or the tenant may terminate a month-to-month periodic tenancy by giving at least thirty (30) days’ written notice prior to the termination date.
2. Valid Delivery Methods for Mississippi Eviction Notices (Miss. Code Ann. § 89-8-9)
Under Miss. Code Ann. § 89-8-9, written eviction and lease termination notices in Mississippi may be delivered in person, sent by registered or certified mail, or delivered by email/text ONLY if the parties have explicitly agreed in the written lease to receive notices electronically.
Why Landlords Use Private Process Servers for 3-Day & 14-Day Notices: Tenants frequently appear in Justice Court or County Court claiming they never saw a notice taped to their door by an apartment manager or never checked their email. When a professional Mississippi process server serves the 3-Day Notice to Pay or Quit in person (or posts it conspicuously on the main entrance door with GPS coordinates, timestamped photos, and a notarized Affidavit of Service), the landlord has indisputable proof for the judge that the statutory notice clock was triggered.
3. Filing & Serving the Eviction Summons in Justice Court or County Court
If the tenant neither pays the full rent nor vacates within the 3-day notice window, the landlord files a sworn Affidavit of Removal in Justice Court (or County Court in the 22 counties that have a County Court) pursuant to Miss. Code Ann. § 89-7-27 and § 89-7-29.
The court clerk issues a summons commanding the tenant to appear on a specified trial date (which under Miss. Code Ann. § 89-7-31 must be set not less than 5 days nor more than 15 days after issuance, subject to local court dockets). The summons must be served at least five (5) days before the scheduled hearing date.
Note on Posting & Mailing vs. Personal Service: In Justice Court, the Constable or Sheriff serves the initial eviction summons (or posts it on the door and mails a copy if the tenant cannot be found). However, just like in neighboring states, if an eviction summons is served solely by posting on the door without personal or abode delivery, the court can award possession of the premises only, not a personal money judgment for back rent.
4. Post-Hearing Warrant of Removal & Tenant Property Rules (Miss. Code Ann. § 89-8-35)
Following revisions to the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-35 and § 89-8-39), if the judge enters a judgment for possession, the court sets a date by which the tenant must vacate (typically within 7 days in nonpayment cases unless good cause is shown). If the tenant remains on the property past the court-ordered move-out date, the landlord requests the clerk to issue a Warrant of Removal, which is executed by the Sheriff or Constable.
Frequently Asked Questions
Can a Mississippi landlord change the locks or shut off utilities without a court order?
No. Self-help evictions (changing locks, removing doors, or disconnecting water/electricity without a Warrant of Removal) are unlawful in Mississippi and expose the landlord to tort liability.
How fast can Mississippi Process Service LLC serve a 3-Day Notice to Pay or Quit?
We offer Same-Day and 24-Hour Rush delivery of 3-Day Notices to Pay or Quit, 14-Day Breach Notices, and 30-Day Notices to Vacate across all 82 Mississippi counties, complete with a notarized Affidavit of Service and photographic proof.