Mississippi Statewide Rule
Mississippi Lease Termination Notice (Periodic Tenancies)
Key Facts
- Month-to-month notice
- 30 days (section 89-8-19)
- Week-to-week notice
- 7 days (section 89-8-19)
- Default tenancy
- Weekly rent = week-to-week; else month-to-month
- Health/safety exception
- No notice required for substantial violation
Summary
Under Miss. Code section 89-8-19, either party may end a month-to-month tenancy with at least 30 days' written notice before the termination date, or a week-to-week tenancy with at least 7 days. Tenancy is week-to-week if rent is paid weekly, otherwise month-to-month, unless the lease fixes a term.
(1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month. (2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date. (3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date.
Full Breakdown
Mississippi sets notice periods for ending periodic tenancies in Miss. Code section 89-8-19. For a month-to-month tenancy, 'either the landlord or tenant may terminate' by written notice given at least 30 days before the termination date; for a week-to-week tenancy, at least 7 days. By default, a tenancy 'shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month,' unless the agreement fixes a definite term. The statute also provides an exception: no notice is required when a party 'has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety.' A fixed-term lease ends on its stated date.
Violations & Penalties
No specific statutory penalty. A party who terminates without the required 30-day or 7-day notice has not validly ended the tenancy; the tenancy continues and any eviction or move-out based on the defective notice may be challenged.
Frequently Asked Questions
How much notice to end a month-to-month lease in Mississippi?
Can a Mississippi landlord end a lease without notice?
Sources
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