The Eviction Process In Mississippi-Some Basic Rules

Posted by Leslie ShumakeJan 26, 20220 Comments

Our Law Firm has handled evictions over the years for both landlords and tenants, both residential and commercial, and inlvolving both private and government sponsored housing.

The Mississippi eviction laws are found in Sections 89-7-1 through 89-7-125 of the Mississippi Code.   Most of these sections are not used in the typical eviction case, but there are some rules contained in them and case law that give guidance to the process itself.  These are some of the general rules we give our clients as a starting point:

Rule Number One:  Putting phrases in a rental contract stating that "tenant agrees to immediately vacate the property if the lease is violated", etc.  or other such language calling for immediate action, does not mean the landlord can evict a tenant without going to court.  You can't get around the eviction laws by inserting that language.

Rule Number Two:  Before evicting someone, notice must be given in many cases.  These are the general notice requirements

                 A.  If the lease or rental contract is for one year or longer, two (2) months notice must be given.

                 B.  If it is for 1/2 year or 1/4 year, one (1) month's notice is required.

                 C.  If the contract is for one month or less, seven (7) days notice is required.

(All such notices have to be in writing.  Sending the notice by regular mail is fine, as there is no requirement that you send it certified mail.)

Note:  There are very few eviction cases appealed, but the case of FSG Southaven, LLC vs Makowsky Ringel Greenberg, LLC, 282 So.3d 572 (2019), does address the "notice" provision briefly, and does affirm that a notice of eviction and a summons to court after the notice is sent are governed by different rules.)

Rule Number Three:  Evictions need to be filed in the Justice Court of the County where the property is located.         

Rule Number Four:  Evictions can be appealed from the Justice Court to the County Court or Circuit Court of that County. This does not mean that a tenant can stay in the property while the case winds its way through the appeals process.

Rule Number Five:  No eviction happens overnight.   We advise our clients that, depending on the notice required in Rule Number Two, evictions can take from 30 to 60 days, and in some cases, much longer.

Rule Number Six:  Federal  and government sponsored housing has its' own rules and or procedures, which may or may not coincide with the Mississippi eviction laws. 

As with any legal problem, whether you are a landlord or tenant, you should seek a qualified attorney to make sure all provisions of the law are followed.  Please contact our offices if you would like to set up an appointment to discuss eviction, regardless of which side you are on.