
The Mississippi landlord and tenant laws require a landlord to follow the legal eviction process when removing a tenant from a residential property. Landlords may not use self-help measures, such as locking tenants out of the property or turning off utilities and services, to force the renter to vacate the property. The legal eviction process gives tenants an opportunity to correct a breach of the lease or pay back rent to avoid removal.
Reasons for Eviction
Landlords must have a reason to evict tenants from a residential property. The property owner has a right to pursue eviction for tenants who breach the terms of the lease agreement or fail to pay rent. The notice that the landlord must provide to the tenant depends on the reason for eviction in Mississippi.
Notice to Quit
The first step in the legal eviction process in Mississippi is a notice to quit. Before a landlord can file with the court in the state, he must first provide the tenant with a notice to correct a breach of the lease, pay back rent or vacate the property. In Mississippi, landlords must give a 30-day notice to quit for violations of the lease agreement. Tenants who fail to pay rent must receive a three-day notice to pay or vacate the property. If a tenant violates the lease agreement for the same reason within six months, the landlord must only provide the tenant with a 14-day notice before termination of the lease agreement.
Filing an Eviction
When the notice to quit passes without the tenant correcting the breach of the lease or paying back rent, the landlord may file with the court to remove the tenant from the property. The tenant receives a summons from the court that describes the reason for eviction and the court date. The court delivers the summons to the tenant in person or posts it in a location on the property if the tenant cannot be found.
Court Hearing
The court hearing is an opportunity for the landlord to state his case for eviction before a court magistrate. The court also provides the tenant with an opportunity to state his case for remaining in the residence. The magistrate makes a decision regarding possession of the residential property after hearing arguments from both sides. When the court finds in favor of the landlord, the magistrate issues a warrant to law enforcement to remove the tenant from the residence.
References
- RentLaw.com: Mississippi Eviction
- NOLO. "How Evictions Work: What Renters Need to Know." Accessed Aug. 13, 2020.
- MassLegalHelp. "When Can Landlord Evict." Accessed Aug. 13, 2020.
- VA Legal Aid. "Evictions (including Lockouts and Utility Shutoffs)." Accessed Aug. 13, 2020.
- Kreis-Enderle. "Evictions 101: Possession Judgments Vs. Money Judgments." Accessed Aug. 13, 2020.
- Pew. "How Free Legal Help Can Prevent Evictions." Accessed Aug. 13, 2020.
- Eviction Lab. "What Is the Eviction Process Like?" Accessed Aug. 13, 2020.
- Legal Aid of North Carolina. "Eviction Guide." Accessed Aug. 13, 2020.
- NOLO. "Tenant Defenses to Evictions in Virginia." Accessed Aug. 13, 2020.
- Harvard Law Review. "The Limits of Unbundled Legal Assistance." Accessed Aug. 13, 2020.
- Eviction Lab. Email. Accessed Aug. 13, 2020.
- Harvard. "Documenting the Long-Run Decline in Low-Cost Rental Units in the US by State." Accessed Aug. 13, 2020.
- Brookings. "Is the rent “too damn high”? Or are incomes too low?" Accessed Aug. 13, 2020.
- Govtrack.us. "H.R. 748: Coronavirus Aid, Relief, and Economic Security Act." Accessed August 14, 2020.
- CBPP. "Extend CARES Act Eviction Moratorium, Combine With Rental Assistance to Promote Housing Stability." Accessed Aug. 13, 2020
- CNBC. "Trump’s order does little to stop impending eviction crisis, experts say." Accessed Aug. 13, 2020.
- Urban Institute. "The CARES Act Eviction Moratorium Covers All Federally Financed Rentals—That’s One in Four US Rental Units." Accessed Aug. 13, 2020.
- Federal Register. "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19." Accessed Aug. 9, 2020.
Writer Bio
Luanne Kelchner works out of Daytona Beach, Florida and has been freelance writing full time since 2008. Her ghostwriting work has covered a variety of topics but mainly focuses on health and home improvement articles. Kelchner has a degree from Southern New Hampshire University in English language and literature.