Eviction In Mississippi

If you’re a landlord in the state, it’s likely that you’ll have to experience eviction in Mississippi at some point. Eviction procedure is governed by a set of federal, state, and local laws—all of which vary depending on where your rental properties are. Being prepared and knowing the rights of both you and your renters is half of the battle.

Rental and eviction laws are prone to change with each administration, so it’s important you stay up to date on the latest amendments. Pending legislation may not affect you today, but it can completely change the rental game in a matter of months.

If you own and rent properties in the state of Mississippi, you are responsible for complying with Mississippi eviction laws. In this article, we break down each step of the legal eviction process in Mississippi, reasons for eviction, squatter’s rights, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Mississippi’s eviction laws can be found at Miss. Code § 89-8-31 to 89-8-45 and § 11-25-1 to 11-25-119.

NEW! 2025 Mississippi Eviction Laws

Eviction is a notoriously hot topic, and its regulations are often subject to change. Here are two changes to look out for in 2025 and beyond:

• House Bill 1200: Real Property Owners Protection Act: Simplifies and streamlines the legal process for removing squatters from a property. Now, squatters cannot be awarded adverse possession unless they have a deed with their name on it or just cause is proven in court.
• Senate Bill 2328: Clarifies tenant eviction periods and allows RV park owners to refuse accommodations or evict a tenant for specific reasons such as inappropriate conduct, disturbance of the peace, and nonpayment of rent.

Reasons for Eviction in Mississippi

In Mississippi, tenants can be evicted for failing to pay rent, violating the rental agreement, or illegal activity (Miss. Code § 89-8-31).

Nonpayment of Rent

In Mississippi, rent is considered late the day after it is due, as there’s no state mandated grace period. This means that landlords can begin the eviction process for nonpayment as soon as rent is late (unless there’s a grace period outlined in the lease, in which case it must be honored).

The process begins with a 3-day notice to pay or quit. This gives the tenant three days to either pay all due rent and accrued fees or vacate the premises. Refusal to do so allows the landlord to file an eviction lawsuit to formally evict the tenant (Miss. Code § 89-8-13(5)).

Lease Violations

Breaches of the lease terms in Mississippi can either be curable on uncurable, meaning the tenant may or may not have the opportunity to fix the situation and avoid eviction. More serious offenses, such as extensive property damage, typically warrant uncurable evictions.

Lease violations in Mississippi vary by agreement, but they generally include:

• Unauthorized tenants or animals living on the property
• Noncompliance with the tenant obligations listed in Miss. Code ss 89-8-25, such as:
  • Keeping the property as safe and clean as its condition allows
  • Properly disposing of all waste
  • Using all provided facilities and utilities in a reasonable manner
• Holding over after the lease has expired

Landlords who discover lease violations should immediately issue a 14-day notice to cure or quit. If the tenant has not fixed the issue after 14 days, they may file an eviction lawsuit to have them legally removed via a court order.

Additionally, if a tenant commits “substantially the same act or omission” within six months of the prior breach, the landlord may terminate the rental agreement with an uncurable 14-day notice to quit. To do so, the landlord must have issued a notice on the occasion of the first breach.

Illegal Activity

In the legal tenant obligations outlined in Miss. Code § 89-8-25(i), renters must:

“Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency.”

Therefore, tenants who engage in any illegal activities on the property are subject to eviction per their rental agreement. Illegal activity is defined specifically in Miss. Code § 97-1-1—97-47-9, and can include:

• Violence against or threats of violence against another
• Intentional and substantial property damage
• Manufacturing, possession, or sale of a controlled substance

If a landlord in Mississippi suspects illegal activity on the premises, they should call the local authorities. Once there is documentation of the crime, landlords may issue an immediate notice to vacate, which offers the tenant no period to remedy the issue.

Additional Reading: Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Mississippi

1. Landlord serves a 0- to 14-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Landlord and tenant attend court hearing and receive judgment.
5. Tenant gets seven days to move out.
6. Court issues a warrant of removal and sheriff arrives to forcibly remove the tenant.

1. Landlord Serves a Zero- to 14-Day Eviction Notice

If any of the above lease violations occur, the landlord must first serve a Mississippi eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation. There are three possibilities for a Mississippi eviction notice:

• Rent Demand Notice: 3 days to pay or quit. If rent is unpaid when due, the landlord must deliver this Mississippi 3-day eviction notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than three days after receipt of the notice) (Miss. Code § 89-8-13(5)).
• Lease Violation Notice: 14 days to cure or quit. If a tenant violates another lease term, the landlord must deliver this Mississippi eviction notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than 14 days after receipt of the notice) (Miss. Code § 89-8-13(3)).
• Repeat Lease Violation Notice: 14 days to quit. If the tenant commits a second violation within six months of the first, the landlord may serve a 14-day quit notice with no opportunity to cure the violation (Miss. Code § 89-8-13(3)).
• Unconditional Notice to Quit: Immediate. According to Mississippi state law, landlords are not required to send a Mississippi eviction notice or provide opportunity to cure before terminating a tenancy when the tenant has committed a substantial violation of the rental agreement or the law that materially affects health or safety (Miss. Code § 89-8-19(4)).

For all evictions, the landlord may recover actual damages and reasonable attorney’s fees. Note that for holdover tenants who refuse to vacate the premises after the lease has expired, the landlord may charge double the rent for the time the tenant continues in possession (Miss. Code § 89-8-45).

2. Landlord Files an Eviction Lawsuit with the Court

The next step in the Mississippi eviction process is filing the complaint with the court. If the tenant has not cured the breach by the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file an eviction complaint (the eviction lawsuit) in Mississippi County or Justice Court in the county where the property is located. The specific complaint form required varies depending on the county and court.

The landlord should bring and file the following with the court as per Miss. Code § 89-8-33:

• The complaint for eviction, stating the facts of the tenant’s breach, the address of the property, and the amount of any rent and fees owed
• A copy of the written notice of breach delivered to the tenant
• A copy of the written eviction/termination notice

The landlord will also need to pay a filing fee, which varies by court and county.

3. Court Serves Tenant a Summons

After the Mississippi eviction lawsuit is filed, the court will issue a summons to be served to the tenant with a copy of the complaint. The summons will command the tenant to either move out immediately or attend the eviction hearing to explain why they shouldn’t be evicted. The summons will also include a statement provided by Miss. Code § 89-8-35(2) explaining that:

• If the landlord is granted possession by the court, the tenant will have seven days to move out
• The tenant can stop the eviction by paying all due rent and fees (in cases of nonpayment)
• If the tenant leaves personal property behind, the landlord may dispose of it
• If the tenant refuses to move out, the sheriff will forcibly remove them, and the tenant will have 72 hours to remove their belongings.

The summons must be served in a specific way. It can be served by any person at least 18 years old who is not a party in the lawsuit, but it is typically served by the sheriff or process server (the landlord will need to pay the sheriff a reasonable fee). It should be served in one of the following manners as per Mississippi Rules of Civil Procedure, Rule 4:

• Personal delivery to the tenant
• Personal delivery to a family member of sufficient age, AND first-class mail
• If all other methods fail, by publishing a copy in a local paper/courthouse door
• For nonpayment cases, posting a copy in a conspicuous place on the premises

Service of the summons and complaint must be made within 120 days after the complaint was filed (Mississippi Rules of Civil Procedures, Rule 4(h)). In order to have a sheriff serve the summons, the landlord will need to pay a fee of $45 (Miss. Code § 25-7-19(1)(a)).

Continuances

At the request of either the landlord or tenant, the court can delay the eviction hearing. The hearing might be delayed, for instance, to ensure sufficient time to issue subpoenas and locate witnesses. However, Mississippi eviction law dictates that an adjournment should not be longer than ten days except with consent from both parties, and no longer than thirty days total (Miss. Code § 89-8-41).

4. Landlord and Tenant Attend Court Hearing and Receive Judgment

Mississippi eviction hearings must be held at least five days after the date the summons was issued (Mississippi Rules of Civil Procedures, Rule 4).

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue the judgment.

The judgment will be awarded to the landlord if the judge finds that tenant failed to present a valid defense or counterclaim and the landlord complied with all other requirements. The landlord will also be granted a default judgment if the tenant does not attend the hearing, as long as the landlord are compliant with all other laws and procedures (Miss. Code § 89-8-37).

5.  Tenant Gets Seven Days to Move Out

After the judgment is entered, the court will order the tenant to vacate the premises within seven days. There are a few exceptions: The order to vacate may be shorter than seven days if the tenant has committed a substantial violation of the lease that materially affects health and safety or poses an immediate and significant risk of damage, harm, or injury (Miss. Code § 89-8-39(1)).

6.  Court Issues Warrant of Removal and Sheriff Arrives to Forcibly Remove the Tenant

The tenant must move out by the court-ordered move-out date (typically seven days after the judgment). If they do not move out, the landlord may request a warrant for removal from the court. The warrant will be immediately issued to the sheriff or constable of the county, who will forcibly remove the tenant and restore possession of the property to the landlord (Miss. Code § 89-8-39(2)). The fee to have the sheriff serve a copy of the warrant to the tenant is $45 (Miss. Code § 25-7-19(1)(a)).

Note that for nonpayment cases, the tenant can still stop the eviction by paying all unpaid rent and other costs by the court-ordered move-out date. The landlord is obligated to accept payment until that date (Miss. Code § 89-8-39(4)).

Storage Rules

Once the warrant has been executed and the tenant removed, the tenant is allowed 72 hours to access the premises and remove any remaining belongings by Mississippi eviction laws. If any personal property remains after the 72 hours, the landlord may dispose of it without further notice (Miss. Code § 89-8-39(3)).

Evicting a Squatter in Mississippi

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters are usually charged as criminal trespassers and be evicted like any other tenant. Some squatters can receive the right to possession by meeting certain state-determined criteria.

However, Mississippi’s “Real Property Owners Protection Act”, which went into effect on July 1st, 2025, drastically changed squatter’s rights in the state. Now, Mississippi squatters must be able to prove either ownership of the property or “a right to remain on the premises” (via tenancy or the like).

The new law defines a squatter in Section 2 as:

“‘Squatter’ means and includes (a) a trespasser who remains on the premises for a period of time; or (b) any person who was invited by a tenant, but remains on the premises after the tenant's rental agreement has ended. A squatter shall not have the same rights or eviction process as a tenant as defined in Section 89-7-1 et seq. and Section 89-8-1 et seq. The term "squatter" does not mean or include any person with heirship rights.

New Process for Evicting Mississippi Squatters

Under the new law, evicting a squatter is much simpler, and more closely resembles the procedure for expelling a trespasser. If you believe a squatter is on your property, then you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. File a sworn affidavit with your local law enforcement agency, which will order the squatter to leave immediately.
6. The squatter will have 24 hours to vacate the property, unless they wish to contest the allegation in court; in this case, they have 3 days to notify the court that they are contesting.
7. If the court finds them to be guilty of squatting, they will have no more than 24 hours to vacate the property entirely. If they fail to do so, local law enforcement may remove them without a writ of removal.
8. Only the sheriff or a law enforcement officer can physically remove a squatter from your property. You cannot do so under any circumstances.

Under Mississippi law, squatters who intentionally damage property in an amount that exceeds $1,000 will also be fined and potentially imprisoned.

Additional Reading: Mississippi Squatter’s Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Mississippi?

This chart shows estimates of the approximate cost of an eviction in Mississippi, according to civil procedure in the state, Mississippi eviction laws, and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Mississippi?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

Preventing evictions is far more cost-effective and less stressful than managing them. Here are some effective strategies:

• Conduct thorough tenant screenings, including credit, criminal, and eviction history checks, to identify high-risk individuals.
• Perform regular property inspections to ensure lease compliance and proper maintenance.
• Utilize plain language lease agreements, ensuring tenants fully grasp their responsibilities and lease terms.
• Implement reasonable grace periods for rent payments to balance unforeseen circumstances with assured rental income.
• Maintain open communication lines with tenants to encourage early issue resolution, potentially avoiding evictions altogether.
• Explore alternative solutions such as lease addendums or payment plans before considering eviction.

Additional Reading: Mississippi Background Checks & Screening Online

While sometimes unavoidable, evictions must be handled correctly to avoid complications. Keep these points in mind:

• Strictly adhere to all legal procedures and court deadlines to prevent delays or fines.
• Maintain detailed records of all communications, payments, and violations for potential court use.
• Avoid “self-help evictions” like changing locks or cutting utilities, as these actions are illegal and can jeopardize your case.
• Use property management software to automate and organize records, payments, legal documents, and tenant communications.
• Consult with eviction attorneys for expert guidance and potential court representation to streamline the process.
• Be cautious about accepting partial rent payments during eviction proceedings, as it may impact your legal position.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and Mississippi laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

Can Mississippi landlords evict a tenant immediately for illegal activities?

Yes, Mississippi tenants involved in illegal activities documented by law enforcement can be given an immediate notice to vacate. There is no period to remedy such violations.

How do landlords handle squatters under the new Mississippi law?

If a squatter is living in your property, you should call local law enforcement, and if they confirm the presence of a squatter, file a sworn affidavit. The squatter is then given 24 hours to vacate, or they may contest the eviction in court within three days.

How does the eviction process start in Mississippi?

The eviction process begins with serving a Mississippi eviction notice. This could be a 3-day notice to pay or quit for nonpayment of rent or a 14-day notice to cure or quit for other lease violations.

How do Mississippi landlords handle abandoned property after eviction?

Tenants in Mississippi have 72 hours after eviction to remove all of their personal belongings. If unclaimed, the property can be sold or disposed of according to state regulations.

What are common defenses tenants use against eviction in Mississippi?

Mississippi tenants can claim improper notice, failure to maintain the property, or retaliation as legitimate defenses to eviction. Ensuring you follow all legal procedures and maintain good property conditions can counter these defenses.

Additional Resources

• Mississippi Rules of Civil Procedure – This document includes the specific rules of civil procedure and court policies in Mississippi.
• Mississippi Legal Services Eviction FAQs – This website provides the answers to some FAQs surrounding eviction proceedings.
• Landlord-Tenant Law in Mississippi – This website outlines specific rental laws in the state depending on types of tenancies and more.