Eviction is the court process a landlord uses to recover possession of rental property from a tenant. Mississippi law sets out specific notice requirements and court procedures that must be followed, and it gives tenants rights during that process. The Law Offices of John R. Reeves, PC can help landlords and tenants understand the eviction process. The information below is a general overview.
Which Law Applies?
- Residential property (a house, apartment or other “dwelling unit”) is governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. § 89-8-1 and following. The eviction procedure is in §§ 89-8-31 through 89-8-43.
- Nonresidential property (for example, commercial space or land that is not a dwelling unit) is governed by Miss. Code Ann. § 89-7-27 and the sections that follow it.
Notice Requirements for Residential Tenancies (Miss. Code Ann. § 89-8-13)
- Nonpayment of rent: the landlord may deliver a written notice stating that the rental agreement will terminate if the rent is not paid within three (3) days.
- Other material noncompliance with the rental agreement or the tenant’s duties under the Act: the landlord may deliver a written notice that describes the breach and states that the rental agreement will terminate on a date not less than fourteen (14) days after the tenant receives the notice if the breach is not remedied within a reasonable time not exceeding fourteen days. If the breach is remedied before that date, the rental agreement does not terminate. If substantially the same breach happens again within six months, then, absent a showing of due care by the tenant, the landlord may terminate on at least fourteen days’ written notice.
- The same fourteen-day notice procedure is available to a tenant when the landlord materially fails to comply with the rental agreement or the landlord’s duties under the Act.
- Notice may be given by email or text message only if the party receiving it has agreed in writing to be notified that way.
End of the Lease Term (Miss. Code Ann. §§ 89-8-17 and 89-8-19)
A lease with a definite term expires on the date stated in the lease. If the tenant stays after it expires, the landlord may give written notice that the tenant is holding over and that eviction proceedings will begin no earlier than three days after the notice. If there is no definite term, the tenancy is week to week when rent is paid weekly and month to month in all other cases. Either party may end a week-to-week tenancy with at least seven days’ written notice, and a month-to-month tenancy with at least thirty days’ written notice. No notice to terminate is required when the landlord or tenant has committed a substantial violation of the rental agreement or the Act that materially affects health or safety.
Notice Requirements for Nonresidential Property (Miss. Code Ann. § 89-7-27)
A nonresidential tenant may be removed by the court when the tenant holds over after the lease term ends without the landlord’s permission; after a default in rent and three (3) days’ written notice requiring payment of the rent or possession of the premises; or when an event occurs that the written rental agreement says calls for eviction.
The Court Process
Eviction cases may be heard by a justice court, county court or circuit court judge (Miss. Code Ann. §§ 89-8-7 and 89-7-27). Keep in mind that a justice court can hear claims for money only up to $3,500 (Miss. Code Ann. § 9-11-9). For residential evictions:
- Filing: the landlord files an affidavit or complaint stating the facts that require removal of the tenant, the address of the unit and, if applicable, the rent and fees owed, together with a copy of the written notice that was given to the tenant (§ 89-8-33).
- Summons: the tenant is served with a summons to vacate or to appear before the judge on the date stated and show cause why possession should not be given to the landlord. The summons must contain a notice explaining the tenant’s rights (§ 89-8-35).
- Hearing: the judge may postpone the hearing, but a single postponement may not exceed ten days unless both sides agree, and the hearing may not be extended beyond thirty days from the date the case was filed (§ 89-8-41). If the tenant does not appear and the landlord has met the legal requirements, the court will enter a default judgment (§ 89-8-37).
- Move-out date: if the landlord is granted possession, the judge orders the tenant to vacate within seven (7) days of the judgment, unless the court finds that a shorter or longer period is justified by an emergency or other compelling circumstances (§ 89-8-39).
- Paying what is owed: when the judgment is based only on nonpayment of rent, the judge will not issue a warrant for removal if the tenant pays all unpaid rent and other sums awarded in the judgment by the court-ordered move-out date (§ 89-8-39).
- Warrant for removal: after the move-out date, the landlord may ask the judge for a warrant for removal directing the sheriff or a constable to remove the occupants and put the landlord in possession. Posting the warrant on the door does not count as carrying it out (§ 89-8-39).
- Personal property: for seventy-two (72) hours after the warrant is carried out, the landlord must allow the tenant reasonable access to remove personal property. After that, the landlord may remove property left on the premises (§ 89-8-39).
- Appeals from final judgments follow the Mississippi Rules of Court (§ 89-8-43).
If You Are a Tenant
Read any notice or summons carefully and note the hearing date. If you do not appear, the court can enter a default judgment against you. At the hearing you may present any defense or counterclaim you have. Bring your lease, rent receipts, notices, photographs and any other papers that relate to the dispute.
If You Are a Landlord
Use a written notice that meets the requirements of the statute that applies to your property, keep a copy, and file it with your affidavit or complaint. Mistakes in the notice or paperwork can delay the case.
Talk With Us About Your Situation
Whether you are a landlord who needs to recover possession of property or a tenant who has received a notice or summons, please contact us to arrange a confidential consultation.
This page provides general information about Mississippi law. It is informational only and is not legal advice. Every case depends on its own facts, and reading this page does not create an attorney-client relationship. Laws change over time; this page was last reviewed in September 2026.
Talk with a Jackson, Mississippi lawyer
Have questions about eviction? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.