Eviction in Mississippi:

Mississippi Eviction Laws

The Eviction Laws in Mississippi are governed by the Mississippi Landlord Tenant Relationship Act. This act not only covers evictions, but also covers other aspects of the legal relationship between landlords and tenants. If you are a landlord in Mississippi, it is a good idea to read and become familiar with the Mississippi Landlord Tenant Relationship Act.

Reasons to Evict in Mississippi

There are 5 reasons a landlord in Mississippi can evict a tenant. The most common reason is non-payment of rent. Another common reason is "breach of the lease." This means that the tenant is breaking rules in the lease. For example, parking cars on the front lawn, misusing the property, or keeping an unauthorized pet. A tenant causing damamge to the property is another reason to evict in Mississippi. The other reasons to evict are holdover (a tenant staying past the time the lease has expired) or simply to end a month-to-month tenancy.

Mississippi Eviction Notices

If a landlord needs to evict a tenant for any of the above reasons, the first step in the Mississippi Eviction Process is serving the tenant with a Mississippi Eviction Notice. If the landlord needs to evict the tenant for not paying the rent, the landlord should serve a Mississippi 3 Day Notice. This notice gives the tenant 3 days either pay the rent or leave. If the landlord needs to evict for breaching the lease or causing damamge, the landlord needs to serve the tenant with a Mississippi 30 Day Notice, which gives the tenant 30 days to cure the breach or problem. Both notices need to include language that state the tenant has a right to cure before the notice period is up. To end a month-to-month tenancy, a 30 Day notice also needs to be served.

Acceptable Methods of Service

In order for the Mississippi Eviction to work, the tenant must be "served" properly. "Serve" is a fancy word for delivering the Eviction Notice to the tenant. In Mississippi, an eviction notice can be served by:

• Personal Delivery - The landlord must hand the notice to the tenant
• Delivery to a person over age 13 who lives in the property
• Certified mail with return receipt

Summons and Complaint

After the landlord has served the eviction notice, and the time period has run out, the next step in the Mississippi Eviction Process is filing an eviction lawsuit in court. The landlord should go to the district court clerk for the district where the property is located. The court clerk will confirm that you are in the right place. The landlord should request a Summons and Complaint be issued to evict the tenant. The Summons and Complaint will be served on the tenant by the Sheriff's Office. It tells the tenant that they are being sued for eviction and that they must appear in court if they want to fight it. The landlord will get a copy, so the landlord knows when to appear in court also.

Going to Court

In order for the landlord to win the eviction, he or she must show up at the court date set in the Summons. The landlord should bring all relevant paperwork, including the lease, the Mississippi Eviction Notice, pictures, witnesses, etc. The judge will hear each side (landlord and tenant) and will make a decision. If the tenant does not show up, then the landlord will automatically win. If the landlord wins the case, the judge will order the tenant to vacate the property within a certain time period.

Self Help Eviction

Mississippi Law provides a way for a landlord to conduct the Mississippi Eviction Process against a tenant without going to court. This is generally not recommended, because if the landlord makes a mistake, they will be liable for damages. In "Self-Help" Eviction, the landlord may lock out the tenant and move the tenants' belongings to the street ONLY IF: 1. The lease says the landlord has this right, AND, 2. This can be accomplished with no "Breach of the Peace." If the landlord evicts using self-help eviction, the landlord MUST STILL DELIVER AN EVICTION NOTICE. Again, this kind of "Self-Help Eviciton" is not recommended by this webiste.

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.