Tenant eviction in the State of Mississippi falls under the guidelines of the Mississippi Landlord-Tenant Act. This act, which governs all areas of the relationship between a landlord and a tenant, also provides strict rules regarding when a landlord may begin the eviction process and what the tenant’s rights when the landlord files an eviction action. Evictions within Mississippi are handled within the court system, so landlords who wish to evict a tenant must file the correct documentation and acquire the legal order of eviction through the courts.
When a tenant fails to pay their rent on time, the Mississippi landlord can give the tenant a three-day notice of eviction. In other words, if the tenant does not pay rent, the landlord provides the tenant three days to supply the rent fee before the landlord will file the eviction action in the court system. Landlords must provide the three-day notice in writing, with a clear statement about the rent payment that the tenant owes and a requirement that the tenant vacate unless he pays the rent.
Once the landlord files the eviction action within the court system, the final decision is up to the courts. As a result, a landlord may not harass or otherwise force the tenant out unless he acquires the order of eviction. A landlord who attempts to lock a tenant out of the property or create a situation in which a tenant may not enter the property can jeopardize the right to an order of eviction.
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The three-day notice of eviction does not necessarily guarantee that the tenant will vacate the property within three days. Because landlords must file an eviction action with the courts, the eviction process as a whole can take some time as the court considers each situation and provides tenants with the opportunity to supply the rent payment. In most cases, the average time required to evict a tenant is four or five weeks.
Non-payment of rent is not the only reason landlords in Mississippi may begin the eviction process. Landlords may file a notice of eviction if the tenant damages the property or violates the lease requirement in any other way. In these cases, however, landlords must file a 30-day notice, giving the tenant ample time to explain the situation and possibly correct the damage that has been done.
Tenants are not without recourse while the eviction action remains within the courts. A tenant may remain within the property until the landlord secures the order of eviction, and tenants may pay off the rent during the process. In fact, if a tenant pays the rent in full while the eviction action is still in the court system, the courts will cancel the eviction process. Landlords are not allowed to turn down the rent or find new renters for the property until the courts issue a legal order of eviction.
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