Outline of the eviction process in Mississippi

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • Substantial violation affecting health and safety.
• Laws: Miss. Code Ann. § 89-8-13, § 89-8-19, § 11-25-1 to § 11-25-119.

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 14-day notice to cure or vacate (first offense); 14-day unconditional notice for repeat violation (no cure).
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or substantial violation: Immediate notice (no cure).
  • Holdover: 3-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), posted, or electronic (if agreed).
• Tenant can cure by paying rent (within 3 days) or fixing violation (within 14 days, first offense).

3. Filing the Eviction Case

• File Complaint for Eviction in County or Justice Court.
• Documents: Complaint, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$75 (Justice Court); ~$150–$287 (County Court).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or eligible person serves papers 5 days before hearing (County Court).
• Methods: Personal delivery, left with resident (age 16+), posted and mailed, or published.
• Tenant must appear at hearing; written Answer optional.

5. Court Hearing

• Held 5–10 days after summons (County Court); Justice Court varies.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or continuance (10 days for non-payment).

6. Judgment and Execution

• Writ of Execution if landlord wins.
• Appeal: 7 days (requires bond).
• Writ issued: ~7–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; 72-hour reclaim period for property.
• Property may be disposed of after 72 hours.
• Law: Miss. Code Ann. § 89-7-31, § 89-7-35.

8. Tenant Protections

• Rights:
  • Limited cure (3 days for rent, 14 days for first violation), defenses (retaliation, discrimination, uninhabitable conditions).
  • Self-help evictions allowed only if lease permits and no breach of peace; otherwise, court order required.
• Resources:
  • Mississippi Center for Justice (800-498-1804), mslegalservices.org.

Notes

• Disclaimer: General guide; consult a lawyer. County practices may vary.
• Sources: Miss. Code Ann. § 89-8-13, § 89-8-19, § 11-25-1 to § 11-25-119; courts.ms.gov; mscenterforjustice.org.