Mississippi Statewide Rule
Mississippi Eviction Notice (3-Day Nonpayment)
Key Facts
- Nonpayment notice
- 3 days (section 89-8-13)
- Other material breach
- 14-day notice with cure
- Forum
- Justice Court residential eviction
- Recoverable
- Actual damages + reasonable attorney's fees
Summary
Under Miss. Code section 89-8-13, a landlord evicting for nonpayment must serve written notice that the agreement will terminate if rent is not paid within 3 days. For other material breaches, the tenant receives at least 14 days' notice and a chance to cure before the tenancy may be ended.
(5) (a) If the material noncompliance by the tenant is the nonpayment of rent pursuant to the rental agreement, the landlord may deliver a notice in writing or by email or text message if the breaching party has agreed in writing to be notified by email or text message, specifying the rental agreement will terminate if payment of such rent is not made within three (3) days. (b) Any judge presiding over a hearing in which a landlord seeks to evict a tenant for the nonpayment of rent shall abide by the provisions of the rental agreement that was signed by the landlord and the defaulting tenant.
Full Breakdown
Miss. Code section 89-8-13 governs terminating a tenancy for the tenant's breach. If the breach is nonpayment of rent, the landlord 'may deliver a notice in writing' (or by email or text if the tenant agreed in writing) specifying that the agreement 'will terminate if payment of such rent is not made within three (3) days.' For other material noncompliance, the statute uses a 14-day framework: the notice states the agreement terminates on a date not less than 14 days after receipt if the breach is not cured within a reasonable time not exceeding 14 days, and a repeat breach within six months can be ended on 14 days' notice. If the tenant fails to cure, the landlord proceeds with a residential eviction in Justice Court and may recover actual damages and reasonable attorney's fees.
Violations & Penalties
No fixed statutory fine on the tenant beyond loss of possession. The landlord must use the 3-day nonpayment notice (or 30-day for-cause notice) and the Justice Court process; self-help lockouts are not authorized.
Frequently Asked Questions
How many days' notice for nonpayment eviction in Mississippi?
Can a Mississippi landlord evict without going to court?
Sources
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