Fillable Mississippi Eviction Notice Forms – Notice to Quit | PDF
Mississippi is unique in that it allows property owners to make some efforts to evict tenants without using the judicial process. Although, if it is needed, the landlord must follow the statutes (See for non-payment of rent) and follow the State process in order to be considered in front of a judge.
How to Evict a Tenant in Mississippi
To evict tenants without a court order, these requirements must be fulfilled:
- The lease must state that the landlord may lock the tenant out for failure to pay rent or for a lease violation,
- The landlord must give a three-day notice for nonpayment of rent or a 30-day notice for a lease violation, and
- The landlord may not use threats or commit any criminal act when providing notice or locking the tenant out.
This practice is generally not recommended because landlords could be liable for damages if they do not adhere strictly to the rules above, and it is prohibited to lock out tenants while their personal property is still inside the residence.
Tenants can end the eviction proceeding by paying the rent or correcting the violation within the allotted time.
Property owners have the right to file a Summons and Complaint for Eviction after the notice period has accrued. You can do this in the county court where the rental property is. The sheriff will serve the Summons and Complaint to the tenant promptly.
The time and location for the hearing will appear on the Summons. The owner will have to prove the allegations in the complaint to win the eviction. Thus, he or she would need to show the lease, how much rent was owed, or proof of the violation, and show that the rent was not paid. Just the same, the tenant may present any relevant evidence to dispute these claims or assert counterclaims. The tenant could assert, for example, that the landlord accepted full rent already, or that the landlord never properly served the tenant.
If the landlord wins the case, or if the tenant fails to appear, the judge will issue a Writ of Execution, which will authorize the sheriff to remove the tenant after a certain length of time.