How to Evict a Tenant in Mississippi (2026)
The legal steps for landlords in Mississippi — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Mississippi a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3 days. The landlord may give written notice (or email/text, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. Source: Miss. Code Ann. § 89-8-13(5)(a) |
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| Lease violation | 14 days to cure. The written notice must describe the breach and say the agreement will end on a date at least 14 days after the tenant receives it unless the breach is fixed within a reasonable time of no more than 14 days. If substantially the same breach happens again within 6 months, the agreement can be ended on at least 14 days' written notice with no chance to cure. No notice at all is required for a substantial violation that materially affects health or safety. |
| Ending a month-to-month tenancy (no fault) | 30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases. Source: Miss. Code Ann. § 89-8-19(1)–(3) |
Local rent-control or just-cause rules can limit evictions: No rent control. State law bars cities and towns (§ 21-17-5(2)(h)) and counties (§ 19-3-40(3)(g)) from regulating, directly or indirectly, the rent charged for private residential property in which they have no property interest, unless the Legislature gives prior approval.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written notice stating that the rental agreement will end if rent is not paid within 3 days. The 14-day breach notice is not required for nonpayment. Delivery: in writing, or by email or text message if the tenant agreed in writing to be notified that way. The eviction affidavit or complaint must attach a copy of the notice and state the facts, the address, and the rent and fees owed. At the hearing, the judge must follow the signed rental agreement. |
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| How it must be delivered | Landlord notices (3-day nonpayment, 14-day breach, 3-day holdover after the lease ends, and default notices for non-dwelling tenancies) must be in writing. They may be sent by email or text message only if the tenant has agreed in writing to that method. Month-to-month (30-day) and week-to-week (7-day) termination notices must be written. The eviction summons is served under the Mississippi Rules of Court. |
Notice forms:
- Mississippi notice to pay rent or quit — requirements and free draft
- Mississippi notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Mississippi are heard in: Justice court, county court, or circuit court ('Court' is defined in § 89-8-7(1)(b)). Most residential evictions are filed in justice court..
- Notice: a 3-day pay-or-terminate notice for nonpayment (§ 89-8-13(5)); a 14-day breach notice (§ 89-8-13(3)); a 30-day or 7-day termination notice for periodic tenancies (§ 89-8-19); or a 3-day holdover notice after a lease expires (§ 89-8-17(2)).
- File a sworn affidavit or complaint stating the facts, the unit address, and any rent or fees owed, with a copy of the breach or termination notice attached (§ 89-8-33).
- A summons is served under the Mississippi Rules of Court. It orders the tenant to vacate or appear and show cause on a named hearing date, and it must include the statutory tenant-rights notice (§ 89-8-35).
- Hearing: a default judgment is entered if the tenant fails to appear. Judgment is also entered for the landlord if the tenant presents no valid defense or counterclaim. Judgments are signed and executed the same business day (§ 89-8-37).
- Judgment of possession: the judge orders the tenant out within 7 days of the judgment, unless emergency or compelling circumstances justify a shorter or longer period. In nonpayment-only cases, a tenant who pays all sums awarded by the move-out date keeps the tenancy (§ 89-8-39(1), (4)).
- After the move-out date, the landlord requests a warrant for removal, which is issued to the sheriff or a constable. Law enforcement must physically remove the occupants; posting the warrant is not enough (§ 89-8-39(2), as amended 2025).
- The tenant gets reasonable access for 72 hours after removal to retrieve property. After that, the landlord may move the remaining property to the curb or another designated spot (§ 89-8-39(3)).
- Appeals follow the applicable Mississippi Rules of Court (§ 89-8-43).
Court timing: The summons sets a hearing date. The statute requires no written answer. A single adjournment may not exceed 10 days without both parties' consent, and adjournments may not extend the hearing beyond 30 days from the date the eviction was filed (§ 89-8-41).
How long it takes to evict a tenant in Mississippi
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | 30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases. Source: Miss. Code Ann. § 89-8-19(1)–(3) |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | The Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution. |
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| Retaliation | Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. Source: Miss. Code Ann. § 89-8-17(2) |
| Accepting rent after the notice | In a possession judgment based only on nonpayment, the judge may not issue a removal warrant if (i) the tenant paid all unpaid rent and other sums in the judgment by the court-ordered move-out date, or (ii) the landlord accepted payment of those amounts after that date. The landlord must, in good faith, accept full payment tendered by the move-out date. The eviction summons must tell tenants they don't have to move if they pay everything owed before the hearing or by the move-out date. No statute addresses accepting rent after a notice but before judgment. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Mississippi eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Mississippi?
3 days. The landlord may give written notice (or email/text, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days.
Can a landlord change the locks to evict a tenant in Mississippi?
The Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution.
How do you evict a tenant without a lease in Mississippi?
30 days' written notice by either the landlord or the tenant before the termination date. A week-to-week tenancy needs 7 days' written notice by either side. A tenancy with no fixed term is week to week if rent is paid weekly and month to month in all other cases.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.