How to Evict a Tenant In Mississippi

Evicting a tenant in Mississippi requires you to follow a specific legal process. If your tenant has stopped paying rent, broken the lease, or refused to leave after it ended, your next steps can determine how fast you regain control of the unit.

This guide walks through every part of the eviction process in Mississippi so you can take action confidently and legally.

Mississippi Eviction Steps

Here are the key steps you need to follow to legally evict a tenant in Mississippi.

1. Serve the Appropriate Eviction Notice

The first step is to give your tenant written notice. The notice type and length depend on the reason you want them to move out:

• Nonpayment of Rent: Serve a 3-day notice to pay or quit. This gives the tenant three days to pay the overdue rent or leave the property.
• Lease Violation: Serve a 14-day notice to cure or quit. This notice gives the tenant time to correct the lease violation or move out.
• No Lease or End of Lease: If the lease has ended or the tenant is month-to-month, you must give a 30-day notice to vacate.
• Illegal Activity or Severe Lease Breach: If the tenant engages in illegal activity or causes major damage, you may serve an immediate notice to vacate with no cure period.

You can deliver the notice in person, post it on the door, or send it by certified mail. Keep a copy for your records and gather proof of delivery.

Make sure your notice clearly states the reason, deadline, and legal consequences. If it's missing required information or is unclear, the court could dismiss your case.

2. Wait for the Notice Period to End

You must wait for the notice period to pass before filing an eviction lawsuit. If the tenant complies—by paying rent, correcting the issue, or moving out—the process ends there.

If they do not take action by the deadline, you can proceed with a formal eviction in court.

Patience here is key. Filing before the notice period expires can result in delays or dismissal. Double-check your dates before moving forward.

3. File an Eviction Lawsuit (Unlawful Entry and Detainer)

If the tenant remains on the property, the next step is to file an Unlawful Entry and Detainer (UED) action in Justice Court:

• Forms: Use the UED complaint form. Attach a copy of the lease, notice, and any supporting documentation.
• Filing Fee: Fees vary by county, typically around $75. Fee waivers may be available for qualifying landlords.
• Where to File: File the complaint in the county where the rental property is located.

Once filed, the court will issue a summons and schedule a hearing. The summons must then be served to the tenant properly.

Take time to organize all your paperwork. If anything is missing, the judge could postpone the hearing or dismiss the case entirely.

4. Serve the Tenant with Court Documents

You are legally required to serve the summons and complaint to the tenant before the court date.

• Deadline: Mississippi law requires service to be completed at least 5 days before the hearing.
• Who Can Serve: Use a sheriff’s deputy or a licensed process server. You cannot serve the documents yourself.
• Proof: After service, file a return of service or affidavit with the court as evidence.

If the tenant cannot be located for personal service, the court may allow alternative service, like posting or mail. You must request this formally.

Improper service is one of the most common reasons cases get dismissed. Do not skip this step or try shortcuts. Always use a professional and keep documentation.

5. Attend the Court Hearing

Both you and the tenant will have the chance to present your side at the court hearing.

• What to Bring: Lease agreement, eviction notice, proof of service, payment records, photos, and any other supporting evidence.
• Tenant Defenses: The tenant may argue they were not properly served, the unit was uninhabitable, or that they paid the rent.
• Outcome: If the judge rules in your favor, they will issue a judgment for possession.

Stay professional during the hearing. Speak clearly and stick to the facts. Judges often rule the same day, but complex cases may take longer.

If you are nervous, consider observing a hearing beforehand or hiring a lawyer for guidance.

6. Obtain and Execute a Writ of Possession

Once you have a judgment, you must request a Writ of Possession to complete the eviction.

• Purpose: This document gives the sheriff authority to physically remove the tenant from the property.
• Timeline: The writ is usually issued a few days after judgment and must be served by the sheriff.
• Tenant Deadline: The tenant is typically given 24 hours to 5 days to move out, depending on the court’s order.

You cannot remove the tenant yourself. Only the sheriff has legal authority to do this. Attempting a self-help eviction—like changing locks or removing belongings—can lead to lawsuits and fines.

7. Handle Tenant Property Left Behind

If the tenant leaves items behind after the eviction, Mississippi law outlines how to handle their belongings.

• Storage: You must store abandoned property for at least 15 days. The tenant has the right to reclaim it.
• Notice: Send a written notice to the tenant’s last known address, describing the items and stating where and how they can retrieve them.
• Disposal: If the tenant does not collect their items after 15 days, you may sell or discard them.

Keep an inventory and take photos of everything. This protects you if the tenant later claims items were damaged or stolen. Do not charge excessive storage fees.

Alternatives to Eviction in Mississippi

Court should be your last resort. Sometimes, working with the tenant saves time and money.

Payment Plans

A payment plan gives tenants a chance to catch up while you continue receiving rent.

Include the following:

• Total past-due balance
  
  
• Dates and amounts of each installment
  
  
• Signature from both parties

Put the agreement in writing and keep copies. Follow up regularly to make sure payments stay on track.

Some landlords use stipulated agreements in court. These allow eviction to proceed automatically if the tenant defaults on the plan.

Cash for Keys

Offer the tenant money in exchange for a clean, voluntary move-out.

• Outline the payment amount and move-out date in writing
• Do a final walkthrough before handing over cash
• Only pay after keys are returned and the unit is empty

Even a few hundred dollars may motivate someone to leave quietly. This method avoids court fees and vacancy costs.

Mediation

In some counties, mediation is available through local housing courts or nonprofits. A neutral third party helps you and the tenant reach a compromise.

Mediation can lead to:

• Payment agreements
• Move-out plans
• Repairs or compensation

It’s a good option when communication has broken down, but both sides are open to resolution.

Frequently Asked Questions

Can I evict a tenant without a lease in Mississippi?

Yes. If the tenant is month-to-month, serve a 30-day written notice before starting the court process.

How long does it take to evict someone in Mississippi?

Uncontested evictions can take 2 to 4 weeks. Contested cases, appeals, or delays in service can stretch the timeline.

Can I evict someone during winter?

Yes. There are no seasonal restrictions, but you must still follow the standard legal steps.

Does partial rent payment stop an eviction?

Not automatically. You are not required to accept partial payments unless agreed in writing. If accepted, it may delay the case.

Do I have to accept rental assistance?

Not unless you are part of a federal or local program that requires it. However, refusing it may affect how the court views the eviction.

What if my tenant has unauthorized occupants?

You can issue a 14-day notice to cure or vacate if the lease limits occupancy and the tenant has violated that term.

Will an eviction show up on the tenant’s record?

Yes. Once filed, the eviction becomes part of public court records, which landlords and credit agencies can access.

Final Word

Evicting a tenant in Mississippi takes planning, patience, and paperwork. When done correctly, it lets you regain control of your property while staying compliant with the law.

If you find yourself going through multiple evictions, it may be time to revisit your tenant screening process or consider hiring a property manager. And if managing rentals no longer feels worth the stress, selling the property could give you the reset you need.