Eviction Process in Mississippi: Notices, Court and the Seven Days
An eviction is a court process, and in Mississippi it can move fast. Whether you are a tenant who just received a notice or a landlord who needs a unit back, knowing the eviction process in Mississippi step by step helps you avoid costly mistakes.
This post explains the notices, the court filing and what happens after judgment, in plain language for both sides. It is legal information for learning purposes, not legal advice about your tenancy.
Which law applies to a Mississippi eviction?
Mississippi landlord and tenant law sits in Title 89 of the Mississippi Code, and it is split in two. Chapter 8, the Residential Landlord and Tenant Act, covers dwelling units. Chapter 7 covers other property and holds older rules that still matter.
Section 89-8-31 sets out when a landlord may begin eviction proceedings. The guide explains the dividing line between the two chapters and why it changes the steps.
How much notice does a Mississippi landlord give for unpaid rent?
For a home, § 89-8-13(5) provides a three-day written notice for nonpayment of rent. The notice tells the tenant the rental agreement will end if the rent is not paid within three days.
Other breaches follow a different track. The guide explains the fourteen-day notice and the tenant's right to cure under § 89-8-13, and how a tenancy can be ended without any fault at all.
Three-day notice for nonpayment of rent
Fourteen-day notice for other breaches
The right to cure
Ending a tenancy without fault
Filing the case and going to court
A landlord starts the case by filing a sworn affidavit or complaint under § 89-8-33, and the court issues a summons under § 89-8-35. Most residential evictions are heard in justice court.
Mississippi law does not require mediation before filing. The guide explains what the landlord must file, how the tenant is served and what each side can bring to the hearing.
How long do I have to move out after an eviction judgment?
Time is short after a judgment for possession. The guide explains the seven-day move-out period and the warrant of removal under §§ 89-8-37 to 89-8-41.
It also explains what happens when a tenant does not appear and the court enters a default judgment.
Lockouts, the landlord's lien and defenses
Mississippi's statutes are quieter about lockouts and utility shutoffs than many states' laws. The guide explains what Mississippi law does and does not say about a landlord acting without a court order.
Mississippi also gives landlords a lien on certain property of the tenant under Chapter 7. The guide explains how far the lien reaches and which landlord duties can become tenant defenses.
Self-help and lockouts
The landlord's lien
Landlord duties that create defenses
The track for nonresidential property
Frequently asked questions
Can a Mississippi landlord evict without going to court?
Eviction is a court process that ends with a judgment and a warrant of removal. The guide explains what Mississippi law does and does not say about lockouts and other self-help.
How much notice is required for unpaid rent in Mississippi?
For homes, § 89-8-13(5) provides a three-day notice for nonpayment of rent. The guide explains when the three days start.
How long do I have to move out after losing an eviction case in Mississippi?
The guide explains the seven-day move-out period after judgment and the warrant of removal under §§ 89-8-37 to 89-8-41.
Get the full guide
Get Eviction in Mississippi from STACKED LEGAL to understand the notices, deadlines and court steps before the first hearing. It is available in paperback and eBook. Read Eviction in Mississippi.
Related guides
Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Mississippi attorney.
