✓ Law Verified June 2026
Facing eviction in Mississippi? This guide explains the mississippi eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Mississippi law, verified as of June 2026.
In This Mississippi Guide:
Mississippi Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Mississippi, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 3 days written notice to pay rent or vacate; if tenant pays in full within the 3-day period the lease continues and eviction cannot proceed |
| Lease violation | 14 days written notice to cure the violation; if tenant fixes the problem within 14 days the tenancy continues; if the same violation is repeated within 6 months the landlord may issue a 14-day unconditional quit notice with no right to cure (Miss. Code Ann. 89-8-13) |
| No-cause / end of tenancy | 30 days written notice required to terminate a month-to-month tenancy; either party may give this notice; fixed-term leases end on their own terms and no-cause termination during a fixed term is not allowed |
| Holdover tenant | No additional notice required beyond the original termination notice (30 days for month-to-month); once the notice period expires and the tenant remains, the landlord may file an unlawful detainer action immediately |
| Tenant must respond within | In Justice Court there is no separate written answer deadline; the tenant responds by appearing at the scheduled hearing and presenting defenses; failure to appear typically results in a default judgment for the landlord |
| Realistic total timeline | 14 to 45 days from initial notice to physical removal in an uncontested case; contested cases or appeals can extend this to 60 days or longer; nonpayment evictions move fastest (as few as 14 days total) while lease violation cases take longer due to the 14-day cure period |
How the Eviction Lawsuit Is Filed in Mississippi
Landlord files an unlawful detainer complaint in Justice Court (claims under 3500) or County Court (claims over 3500) under Miss. Code Ann. Title 11 Chapter 25; filing fees typically range from 75 to 150 depending on the county; the landlord must show that proper written notice was given and expired before filing
Hearing timeline: The court issues a summons that must be served on the tenant at least 5 days before the hearing date; hearings are typically scheduled 5 to 20 days after the complaint is filed
Writ of possession / lockout: For nonpayment of rent the writ of execution may be issued immediately after judgment; for other grounds the writ is typically issued 5 days after judgment; once the writ is served the tenant is given 24 to 72 hours to vacate voluntarily; if the tenant does not leave the sheriff or constable physically removes the tenant and restores possession to the landlord
Tenant Defenses Against Eviction in Mississippi
Depending on your situation, you may be able to raise defenses such as:
- Improper notice (landlord failed to give the correct written notice or waited the required number of days)
- uninhabitable conditions (landlord breached duties under Miss. Code Ann. 89-8-23 to maintain the unit in compliance with building and housing codes)
- retaliation (landlord filed eviction within 6 months of tenant making a good-faith complaint about housing conditions under 89-8-9 and 89-8-17)
- payment of rent owed (paying all rent due before the court date or before the writ is issued can stop a nonpayment eviction)
- discriminatory eviction (eviction based on race
- religion
- sex
- national origin
- disability
- or familial status violates the Fair Housing Act)
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
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What Your Landlord CANNOT Do
In Mississippi, a landlord cannot evict you without a court order. A Mississippi landlord CANNOT legally change locks, shut off utilities (water, electricity, gas), remove doors or windows, physically remove tenant belongings, use threats or intimidation, or take any action to force a tenant out without a court order; all of these are illegal self-help evictions; tenants subjected to illegal lockouts may file a civil lawsuit for actual damages, relocation costs, emotional distress, and the court may order the landlord to reinstate the tenant to the premises
Free legal help: Mississippi Center for Legal Services (MCLSC) at 1-800-519-2915 serves 43 counties in central and southern Mississippi; North Mississippi Rural Legal Services (NMRLS) at 1-800-898-8731 serves northern counties; Mission First Legal Aid Office at 601-608-0056 serves Hinds, Madison, and Rankin counties; Mississippi Center for Justice at 601-352-2269 handles fair housing and discrimination cases; also dial 211 for free referrals to rent assistance and legal help
Other Mississippi eviction rules: Mississippi does not require a grace period before rent is considered late; Mississippi courts strictly construe unlawful detainer statutes under Title 11 Chapter 25 because they are in derogation of common law meaning procedural errors by landlords can be fatal to their cases; under Miss. Code Ann. 89-7-35 for nonpayment cases the landlord has an affirmative duty of good faith to accept full payment and the judge cannot issue a removal warrant if the tenant pays everything owed; landlords must give tenants 14 days to make repairs after receiving written notice about habitability issues under 89-8-23; appealing tenants must post a supersedeas bond at double the judgment amount which is a high bar; residential evictions are governed by Chapter 8 (89-8) while nonresidential evictions follow Chapter 7 (89-7) with different notice periods and procedures
You May Also Like
Official Mississippi Sources & Resources
- Mississippi Courts / Judiciary: https://courts.ms.gov
- Mississippi Eviction Statute: https://law.justia.com/codes/mississippi/title-89/chapter-8/
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Mississippi Eviction Process
The Mississippi eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Mississippi eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Mississippi eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Mississippi eviction process.
This Mississippi eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.