Eviction is stressful. Whether you’re a landlord trying to reclaim your property or a tenant worried about losing your home, it helps to know the rules. Mississippi has specific laws that both sides must follow. Skip a step, and the whole process can fall apart.
This guide breaks it all down in plain language. You’ll learn what’s legal, what’s not, and what to expect from start to finish.
What Is an Eviction?
An eviction is a legal process that removes a tenant from a rental property. A landlord cannot just kick someone out. They must follow the law. Mississippi courts take this seriously.
Think of it like a traffic ticket, but with much bigger consequences. You have to go through a system. There are deadlines, paperwork, and hearings involved.
The good news? The process is clear. Once you know the steps, it’s not as scary as it sounds.
Legal Reasons for Eviction in Mississippi
Okay, this part is important. A landlord cannot evict a tenant for no reason. Mississippi law requires a valid legal cause.
The most common reasons include not paying rent, breaking the lease rules, or staying in the property after the lease ends. Illegal activity on the property is also grounds for eviction.
Wondering if your situation qualifies? Let’s break it down.
Not Paying Rent
This is the most common reason for eviction in Mississippi. Rent is considered late the very next day after it is due. There is no grace period required by state law, unless the lease agreement says otherwise.
If a tenant misses rent, the landlord must give them a written 3-Day Notice to Pay or Quit. This notice gives the tenant three full days to pay everything owed. If they pay in time, the eviction stops. If they don’t, the landlord can move forward.
Breaking the Lease Rules
Lease violations are the second most common reason. This includes things like having unauthorized pets, subletting without permission, or causing major damage to the property.
For most lease violations, the landlord must give a 14-Day Notice to Remedy or Quit. This gives the tenant 14 days to fix the problem. If they fix it in time, the eviction stops there. If not, the landlord can take it to court.
Pretty straightforward, right?
Illegal Activity
Hold on, this part is different. If a tenant is doing something illegal on the property, the landlord can act fast. There is no waiting period to fix it. The landlord can issue an immediate notice to vacate.
Illegal activity is defined by Mississippi Code Sections 97-1-1 through 97-47-9. It includes violence, drug-related crimes, and other serious offenses.
Expired Lease or Holdover Tenant
When a lease ends and the tenant stays without renewing, they become a “holdover tenant.” The landlord has options based on the type of rental.
For a month-to-month lease, the landlord must give a 30-Day Notice to Quit. For a week-to-week rental, only a 7-Day Notice is required. If the tenant still doesn’t leave after the notice period, the landlord can file in court.
The Mississippi Eviction Process Step by Step
Let’s talk about what actually happens. The eviction process in Mississippi has clear stages. Each one matters.
Step 1: Written Notice to the Tenant
Before anything else, the landlord must give the tenant written notice. This cannot be skipped. No notice means no eviction. The notice must clearly state the reason and how many days the tenant has to respond.
The type of notice depends on the situation. A 3-day notice is for unpaid rent. A 14-day notice is for lease violations. A 30-day notice is for ending a month-to-month lease.
Step 2: Filing the Eviction Lawsuit
If the tenant does not pay, fix the problem, or leave, the landlord files an eviction lawsuit. This is called an Unlawful Entry and Detainer in Mississippi. The filing goes to the local Justice Court, County Court, or Circuit Court, depending on the case.
Filing fees vary by county. In Hinds County Justice Court, the fee is around $85 for one tenant. In Pearl River County Court, it can be around $161. These costs are just the beginning. Sheriff service fees, which are typically $45 per tenant, get added on top.
Step 3: Court Summons Is Served
After the complaint is filed, the court issues a summons. A sheriff, constable, or authorized process server delivers it to the tenant. This must happen at least 5 days before the hearing date.
The tenant does not have to file a written response for a hearing date to be set. They just need to show up.
Step 4: The Court Hearing
Both the landlord and tenant appear in court and present their cases. The landlord should bring the lease, written notices, payment records, photos, and any other evidence. The tenant can bring their own evidence too.
If the tenant doesn’t show up, the landlord wins by default. If the court sides with the landlord, it issues an order for eviction.
Step 5: Writ of Removal
If the tenant still doesn’t leave after losing in court, the landlord asks for a Writ of Removal. This is a document that gives law enforcement the authority to physically remove the tenant.
Here’s the key thing: only the sheriff or a law enforcement officer can carry out the removal. The landlord cannot do it themselves. Period.
After removal, the tenant has 72 hours to come back and collect their belongings. After that window closes, the landlord can legally dispose of anything left behind.
How Long Does Eviction Take in Mississippi?
The full process can take anywhere from two weeks to two months. It depends on how quickly the tenant responds, whether the case is contested, and how busy the courts are.
For nonpayment evictions, things tend to move faster. Contested cases, where the tenant fights back in court, take longer.
Honestly, the 2-week timeline is possible but rare. Plan for at least 3 to 6 weeks to be safe.
What Landlords Cannot Do
Wait, it gets really important here. Some landlords try to take shortcuts. That is a big mistake in Mississippi.
Self-help evictions are illegal. That means a landlord cannot change the locks, shut off the water or electricity, remove doors or windows, or physically throw out the tenant’s belongings. None of that is legal.
A landlord who does these things can be sued. They may have to pay the tenant’s actual damages, moving costs, and legal fees. Courts can even order the landlord to let the tenant back in. Some illegal eviction acts can also be treated as misdemeanors, which means possible jail time.
Honestly, it’s just not worth it. Follow the process.
Tenant Rights During Eviction
You’re not alone if this feels overwhelming. Many tenants don’t know they have real options.
Tenants have the right to receive proper written notice before any eviction starts. They have the right to show up in court and tell their side. In some cases, they can pay back rent or fix a lease violation to stop the eviction entirely.
Retaliatory eviction is also illegal. If a landlord evicts a tenant for complaining about repairs or reporting safety issues, that’s against the law. Discrimination-based evictions, based on race, color, or other protected characteristics, are also illegal under federal fair housing laws.
If you believe your eviction is retaliatory or discriminatory, say so in court. Document everything. Keep copies of repair requests, complaints, and any communication with your landlord.
New Laws That Changed Things in 2025
Mississippi updated several eviction-related laws in 2025. These changes affect both landlords and tenants.
Senate Bill 2328 clarified eviction timelines and updated rules for removing unauthorized occupants. It also gave RV park owners clearer authority to evict tenants for things like nonpayment and disturbing the peace.
House Bill 1200, called the Real Property Owners Protection Act, changed squatter rights significantly. It went into effect on July 1, 2025. Under the old rules, squatters could sometimes claim ownership of a property through adverse possession after 10 years. The new law makes that much harder. Now, a squatter must prove they have a deed or a legal right to be there. Otherwise, they can be treated more like a trespasser.
For landlords dealing with squatters, the new rules allow a faster removal process. A landlord can post a 48-hour notice and submit an affidavit to law enforcement to remove unauthorized occupants more quickly.
Penalties for Illegal Evictions
Let’s talk about what happens when landlords break the rules. The consequences are real.
Landlords who try to illegally evict a tenant can be fined up to $500 under state law. Tenants can also sue for actual damages. That includes moving costs and emotional distress. Courts can order the landlord to pay legal fees and restore the tenant’s access to the property. Some illegal eviction actions can even lead to misdemeanor criminal charges.
Think of it like this: the cost of doing it wrong is almost always higher than the cost of doing it right.
Security Deposits After Eviction
Here’s something many people miss. Mississippi law has specific rules about security deposits after an eviction.
Landlords must return any unused security deposit within 45 days after the tenancy ends and the tenant surrenders possession. They must also provide a written list of any deductions made. Normal wear and tear cannot be deducted. Only actual damage or unpaid rent can be taken out.
Tenants who believe their deposit was wrongfully kept can sue the landlord in Justice Court.
How to Protect Yourself (Landlords and Tenants)
Whether you’re on the giving or receiving end of an eviction notice, documentation is everything.
Landlords should keep a paper trail from day one. Save all lease agreements, written notices, payment records, and photos of the property. If you go to court, this evidence can make or break your case.
Tenants should do the same. Save texts, emails, and receipts. If your landlord ever ignored a repair request, document it. That could be your best defense in court.
Not sure what to do? Here’s a simple rule. When in doubt, write it down and save it.
How to Get Help in Mississippi
Confused about where to start? There are resources available for both landlords and tenants.
Tenants facing eviction can reach out to Mississippi’s legal aid programs. Mississippi Center for Legal Services and North Mississippi Rural Legal Services both offer free or low-cost help to qualifying residents. You can also contact your local Justice Court for information on procedures and hearing dates.
Landlords who need guidance can consult a local real estate attorney or contact the Mississippi Justice Court in their county. Court clerks can explain the paperwork and procedures, though they cannot give legal advice.
Frequently Asked Questions
How much notice does a landlord have to give before eviction in Mississippi?
It depends on the reason. Non-payment of rent requires a 3-day notice. Lease violations require a 14-day notice. Ending a month-to-month lease requires a 30-day notice.
Can a landlord lock me out without a court order in Mississippi?
No. Changing the locks without a court order is illegal. If this happens to you, you may be able to sue your landlord for damages.
How long does the eviction process take in Mississippi?
It typically takes between two weeks and two months. The timeline depends on the reason for eviction and whether the tenant contests it in court.
Can I be evicted for having a pet if my lease says no pets?
Yes. Having unauthorized pets is a lease violation. Your landlord can issue a 14-day notice for you to remove the pet or vacate the property.
What happens if I miss my court hearing for an eviction?
If you don’t show up, the landlord wins by default. Always attend your hearing and bring all relevant documents.
Can a landlord evict me for complaining about repairs?
No. Retaliatory eviction is illegal in Mississippi. If you reported unsafe conditions and then received an eviction notice, document the timeline and present it in court.
Does an eviction show up on my credit report?
The eviction itself may not appear, but unpaid rent and fees can show up on your credit report for up to seven years.
Final Thoughts
Mississippi eviction law is built to be fair to both sides. Landlords have a clear path to remove tenants who break the rules. Tenants have real protections against being removed unfairly.
The key for everyone is this: follow the steps. Give proper notice. Document everything. Show up to court. Let the legal process do its job.
Most problems happen when someone tries to skip a step or take matters into their own hands. That approach almost always makes things worse and more expensive.
Now you know the basics. Stay informed, protect your rights, and when in doubt, talk to a lawyer or reach out to your local court for guidance.
