How to Evict a Family Member in Mississippi

Last Updated: Oct xix, 2021 by Elizabeth Souza

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Steps of the eviction procedure in Mississippi:

Notice is posted to correct the issue/vacate.
If uncured and tenant remains, the complaint is filed and served.
Hearing is held and judgment issued.
If granted, writ of execution is posted.
Possession of property is returned to landlord.

Timeline. Evicting a tenant in Mississippi can take around 2 to eight weeks, depending on the reason for the eviction and which courtroom the eviction is held in (read more).

Questions? To chat with a Mississippi eviction chaser, Click hither

Introduction: Mississippi landlords may bring an eviction case to the court if there are grounds for eviction, meaning that there is legal reason for the eviction. Beneath are the individual steps of the eviction process in Mississippi.

Pace 1: Find is Posted

Landlords in Mississippi tin can begin the eviction procedure for several reasons, including:

Nonpayment of Rent – In one case rent is past due, notice must exist served giving the tenant the option to pay hire in order to avoid eviction.
Violation of Charter Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the result earlier moving forward with the eviction process.
No Lease / End of Charter Term (Tenant at Will) – If at that place is no lease or the term of the lease has concluded, the landlord does not need any additional reason to cease the tenancy as long as proper discover is given.
Material Wellness / Safe Violation – If the tenant violates a health, building, safety, or housing code, landlords are not required to provide written notice prior to kickoff the eviction process.

Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the advisable local or government agency regarding the belongings.
Evicting a Squatter. If the private occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or exact agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established. As a upshot, the normal eviction process may not be applicable (read more than).

Each possible ground for eviction has its ain rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is immune to evict a tenant for declining to pay rent on fourth dimension.

According to Mississippi constabulary, rent is considered late the solar day after it's due; grace periods, if any, are addressed in the lease or rental agreement.

Once rent is by due, the landlord must provide tenants with a 3-Solar day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the selection to pay the past due amount in full within iii days in order to avoid eviction.

If the tenant does not pay the hire due by the terminate of the notice period and remains on the belongings, the landlord may proceed with the eviction procedure.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Mississippi if they do non uphold their responsibilities nether the terms of a written lease or rental agreement.

Mississippi landlords are required to allow tenants to correct a lease violation. A 30-Day Observe to Comply notice shall be delivered noting the tenant's violations. If the tenant fixes or "cures" the violation simply commits the same violation within a 6-calendar month timeframe, the landlord shall provide the tenant with a fourteen-Day Detect to Quit.

Typical lease violations nether this category could include things like dissentious the rental holding, having too many people residing in the rental unit of measurement, and having a pet when there's a no-pet policy.

Note that illegal activity may be included in this category; however, no notice is required if the action affects others' health or safety.

If the tenant fails to correct or "cure" the issue by the borderline or remains on the property later the notice period expires, the landlord may go on with the eviction procedure.

Eviction Procedure for No Lease / End of Lease

In the state of Mississippi, if tenants "holdover," or stay in the rental unit later on the rental term has expired, and then the landlord may exist required to give tenants find before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn't want to renew.

The corporeality of fourth dimension required in the detect depends on the type of tenancy.

Week-to-Week – If hire is paid on a week-to-calendar week footing, a landlord must provide the tenant with a 7-Day Notice to Quit.
Month-to-Month – If rent is paid on a month-to-calendar month basis, a landlord must provide the tenant with a 30-Day Detect to Quit.
Year-to-Yr– If hire is paid on a twelvemonth-to-year basis, a landlord must provide the tenant with a two month Notice to Quit.

If the tenant remains on the property later the detect period expires, the landlord may proceed with the eviction procedure.

Eviction Process for Fabric Health / Safety Violation

A tenant can be evicted in Mississippi if they violate a health, building, safety, or housing code. In these instances, the landlord is not required to provide any written discover prior to kickoff an eviction proceeding.

Examples of material health and safety violations could include letting trash pile up within the rental unit, providing a harbor for rodents or bugs, or even things like dissentious the electrical wiring in the rental unit.

The landlord may go on directly to Step 2 below without providing prior written notice to the tenant.

Step ii: Complaint is Filed and Served

Every bit the next step in the eviction process, Mississippi landlords must file a complaint in the appropriate canton or justice courtroom. Filing fees may vary in the state, for instance, in the Hinds County Justice Court, this costs $75.

The summons and complaint must be served on the tenant by the sheriff or anyone over the historic period of eighteen who isn't function of the case, at least five days prior to the summons render date for county court cases, through one of the following methods:

Giving a re-create to the tenant in person.
Leaving a re-create with a family fellow member over the age of 16 AND mailing a copy via get-go class mail.
Publishing a re-create in a local paper (only if all other methods fail). The publication shall be made once a week for iii consecutive weeks. Or if there is no newspaper, the notice shall be posted at the courthouse door.
Posting a re-create in a conspicuous place on the rental property (nonpayment of hire evictions).

A summons and complaint may but be posted on the rental property if a copy cannot exist given to the tenant in person.

The deadline to serve the summons for eviction cases heard in the Justice Courts isn't specified in Mississippi statutes.

Five days. For evictions heard in the county courtroom, the summons must be served at least five days prior to the render date.

Step three: Court Hearing and Judgment

County court eviction cases volition be heard 5-ten days later on the appointment the summons was issued by the court. Mississippi land law doesn't specify how speedily evictions heard in the Justice Courts must exist held after the complaint is filed or the summons is issued.

If the tenant fails to appear for the hearing, the judicial officer may issue a default ruling in favor of the landlord, pregnant the tenant will need to move out.

For nonpayment of hire evictions, the court may grant a 10-day continuance, giving the tenant an actress 10 days to set up for the hearing.

If the judge rules in favor of the landlord, either through a default judgment or at the eviction hearing, a writ of execution will exist issued, and the eviction process volition continue.

5-x days later the summons was issued for cases heard in the canton courts; state law doesn't specify how quickly cases must be heard in Justice Courts.

Footstep 4: Writ of Execution Is Issued

The writ of execution is the tenant'southward final observe to get out the rental unit, and gives them the opportunity to remove their belongings before the sheriff, constable of the county or the align of the municipality returns to the holding to forcibly remove the tenant and the tenant'southward personal property.

If the court has ruled in the landlord's favor, the landlord will ask the courtroom to issue a writ of execution. For all evictions except those due to nonpayment of rent, this volition be done five days afterward the ruling in favor of the landlord for both Justice Court and County Court.

For nonpayment of rent evictions, the writ will exist issued immediately, unless a iii day stay is granted for skillful crusade.

A few hours to 5 days, depending on the reason for the eviction and whether a three day stay is granted for nonpayment of rent evictions.

Step v: Possession of Property is Returned

Mississippi state law doesn't specify whether tenants take boosted fourth dimension after the writ of execution is issued by the court to movement out of the rental unit. Tenants should exist prepared to move out immediately.

The judicial officer will announce in their ruling how much boosted time (if any) the tenant has to movement out of the rental unit before law enforcement officers return to forcibly remove the tenant from the rental unit of measurement.

The judge shall decide if the landlord is granted sectional possession of the rental unit. If the approximate grants the possession and the tenant does not remove their personal belongings from the premises before the date and time granted by the court, the landlord may dispose of the personal property without further notice or legal activity.

A few hours to a few days, depending on whether the judicial officer allows tenants to have additional time to move out after the writ of execution is issued.

Mississippi Eviction Process Timeline

Below is a summary of the aspects outside of the landlord's control that dictate the amount of time it takes to evict a tenant in Mississippi. Therefore, these estimates can vary greatly, and some fourth dimension periods may not include weekends or legal holidays.

Initial Notice Period – Betwixt 3 and xxx days, depending on the observe blazon and reason for eviction.
Issuance/Service of Summons and Complaint – Five days prior to the summons return appointment (county court cases simply).
Court Hearing and Ruling on the Eviction – 5-ten days afterward the appointment the summons was issued by the courtroom (canton court cases only).
Issuance of Writ of Execution – A few hours to 5 days, depending on the reason for the eviction.
Return of Possession – A few hours to a few days, depending on how rapidly the judicial officeholder orders tenants to move out.

Questions? To conversation with a Mississippi eviction attorney, Click here

Boosted Information

Derrick Beard Deed. A cosigner of a lease of a residential property may terminate the lease upon the decease of the tenant. The cosigner of the lease must provide notice to the landlord within xxx days of the death of the tenant. If the cosigner decides to terminate the charter, the landlord shall receive any unpaid rent and monies owed for any negligent or deliberate damage to the rental unit.

Tenant'southward Eviction Defenses. In some cases, a tenant may be able to present a valid defense to the court to fight the eviction. Below are some examples of defenses:

The landlord did not properly maintain the rental unit of measurement later detect was given from the tenant.
The landlord forcefully evicted the tenant without following proper legal procedures.
The eviction is based on the tenant's religion, race, sex, national origin, creed, marital or family status, or disability.
Retaliatory deportment.

Flowchart of Mississippi Eviction Procedure

For additional questions nearly the eviction procedure in Mississippi, please refer to the official legislation, Mississippi Code §89-7-i to 89-7-125, §89-8-i to 89-8-29, §11-25-one to 11-25-119, and the Mississippi Rules of Civil Procedure, Dominion 4, for more data.

Sources

ane MS Code §89-vii-27 (2019): After whatsoever default in the payment of the rent…and three (3) days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served past the person entitled to the rent on the person who owes the hire.
2 MS Code §89-eight-13 (2019): (1) If there is a cloth noncompliance…with the rental understanding or the obligations imposed by Section 89-8-25… (3) … may deliver a notice … in writing… that the rental understanding volition terminate upon a date not less than fourteen (xiv) days after receipt of the detect if the breach is not remedied within a reasonable time not in excess of fourteen (14) days…
iii MS Code §89-viii-nineteen (2019): (2) …may cease a week-to-week tenancy by written notice given…at to the lowest degree seven (7) days prior to the termination date. (3) …may finish a month-to-calendar month tenancy past a written notice given…at least 30 (xxx) days prior to the termination date. (four) …notice to terminate…shall not be required…when the…tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health and safety.
iv MS Rules of Ceremonious Procedure, Dominion 4 (2019): (c)(1) A summons and complaint shall…exist served by whatsoever person who is not a party and is not less than eighteen years of age… (c)(2)…at the written asking of a party seeking service or such political party'due south chaser, exist served by the sheriff of the county in which the defendant resides or is establish, in any manner prescribed past subdivision (d) of this rule…
5 MS Code §11-25-109 (2019): …before the judge of the county court…at a twenty-four hours to be named non more than ten days, or less than five days, later the appointment of issuance of the said warrant; and the cause shall be triable … provided the accused has been served with process at least v days before the return day of writ.
6 MS Rules of Civil Process, Rule iv (2019): (d)(ane)(A) by delivering a copy…to him personally…or (B) …by leaving a copy…at the defendant'due south usual place of abode with the accused's spouse or some other person of the accused'due south family unit above the historic period of sixteen years…and by thereafter mailing a re-create of the summons and complaint (past first course mail, stamp prepaid)…
7 MS Rules of Ceremonious Process, Rule four (2019): (a)(1)(C) Brand service by publication under subparagraph (c)(four) of this rule.
8 MS Code §89-7-33 (2019): Such summons shall be served as a summons is served in other cases, if the tenant tin can be plant; if not, and then by putting up a copy in some conspicuous place on the bounds where the tenant final or usually resided.
9 MS Code §89-7-39 (2019): The court may, at the request of either political party, adjourn the hearing from time to fourth dimension, a single adjournment not to exceed ten (ten) days, except past consent, and may outcome subpoenas and attachments to compel the attendance of witnesses. Yet, in hearings for eviction, no banishment shall extend the entire hearing across forty-five (45) days from the appointment the eviction action was filed.
ten MS Code §11-25-23 (2019): If the finding be for the plaintiff, the justice court judge shall return judgment in favor of the plaintiff…but a writ of…execution shall non event within five (5) days from the engagement of the judgment.
11 MS Lawmaking §11-25-113 (2019): If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff… provided, however, that a writ of habere facias possessionem or execution shall not outcome within five days from the date of judgment.
12 MS Lawmaking §89-7-45 (2019): …the full and complete amount of hire due, including any tardily fees…and the costs of the proceedings, take been paid…the magistrate shall non issue a warrant for removal. If…not…paid in full …the magistrate must immediately issue the warrant…unless…for adept cause shown, a stay non to exceed three (three) days would best serve the interests of justice and equity…

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Source: https://ipropertymanagement.com/laws/mississippi-eviction-process