Mississippi law provides landlords with the right to terminate any tenancy by following the applicable statutes. The most common reasons for termination are failure to pay rent and other breaches of the lease provisions. It is important to remember that landlords may not remove their tenants without following the evictions process.

To evict tenants in Mississippi, landlords must initiate the process by providing the tenant with a “notice of termination”.  While not required by statute, manner of delivery should be by U.S. Mail certified and attaching notice to the door of the property.  This will protect the landlord from lack of notice defenses.

 For month-to-month tenancies, one week notice by the landlord is required informing the tenant that the tenancy is being terminated. For longer-term tenancies, such as one year or two year, the landlord must provide notice in accordance with the provisions of the lease agreement.  The notice should identify which lease provision(s) were breached and under what provision the tenant is being evicted.

Miss. Code Ann § 89-8-13(1)-(3)).allows for the following types of written termination notices:

Notice to quit: 30-day notice provided by the landlord for breach of any lease provision other than the failure to pay rent. If the tenant is able to remedy the breach within 30 days, the tenancy will not be terminated

(Miss. Code Ann § 89-7-27).

Notice to pay rent or quit: 3-day notice that requires the tenant to pay rent within 3 days or leave the property.  Upon tenants failure to pay amounts owed, the landlord may then initiate eviction proceedings in the appropriate court.  What court in which to file your petition depends on the amounts owed.  If the tenant owes $4,000.00 or less the landlord will file an action in Justice Court..  If more than $4,000.00, the landlord will need to file a petition in county court or circuit court.  If filing in Circuit court and county court, the landlord should retain counsel.  The process is much more complicated and time consuming than most landlords care to manage themselves.

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