Eviction in Mississippi is a court process. For residential tenancies, the process is now set out in detail in the Residential Landlord and Tenant Act. Landlords should not remove a residential tenant by changing locks, shutting off utilities, or moving belongings before the court process is completed. Below is the residential eviction path in practical terms.
The Short Answer
Mississippi residential evictions are governed primarily by Miss. Code Ann. §§ 89-8-31 through 89-8-43, along with the notice provisions in § 89-8-13 and the lease. The usual path is: notice, filing a sworn affidavit or complaint, summons and hearing, judgment for possession if the landlord proves the case, a court-ordered move-out date, and, if the tenant does not leave, a warrant for removal executed by the sheriff or constable. Nonresidential evictions are addressed separately in Miss. Code Ann. § 89-7-27 and related statutes.
1. Step One: Written Notice
The notice depends on the reason for termination.
Nonpayment of rent. If the material noncompliance is nonpayment of rent, Miss. Code Ann. § 89-8-13(5) allows the landlord to deliver notice stating that the rental agreement will terminate if payment is not made within three days.
Lease violations other than nonpayment. For other material noncompliance by either party, § 89-8-13(3) generally requires written notice specifying the acts or omissions constituting breach and stating that the rental agreement will terminate on a date not less than 14 days after receipt of notice if the breach is not remedied within a reasonable time not exceeding 14 days.
End of term or periodic tenancy. Month-to-month and other periodic tenancies are addressed by Miss. Code Ann. § 89-8-19 and the lease. A month-to-month tenancy generally requires at least 30 days' written notice, unless a statutory exception applies.
The form and content of the notice matter. A defective notice can delay or defeat the eviction.
2. Step Two: Filing the Case
If the tenant does not cure or vacate, the landlord files the required sworn affidavit or complaint in the proper court, usually Justice Court for ordinary residential cases. Miss. Code Ann. § 89-8-33 identifies the documents required to commence a residential eviction.
The filing should identify the property, the parties, the lease or tenancy, the reason for eviction, the notice given, and the relief requested.
3. Step Three: Summons and Hearing
After filing, a summons is issued. Miss. Code Ann. § 89-8-35 requires the summons to tell the person in possession that the judge will determine whether the landlord is entitled to possession.
The hearing is usually short, but the proof still matters. The landlord should bring the lease, rent ledger, notice, proof of delivery, photographs, correspondence, and witnesses if needed. The tenant should bring payment receipts, messages, repair notices, photographs, inspection reports, and any evidence supporting defenses.
Common issues include:
- Whether rent was unpaid
- Whether notice was properly given
- Whether the lease was breached
- Whether the tenant cured within the allowed time
- Whether the landlord accepted rent in a way that affects termination
- Whether the landlord failed to meet statutory duties and the tenant followed the statutory procedure
4. Step Four: Judgment for Possession
If the landlord proves entitlement to possession, the court enters a judgment for possession. The judgment may also address money owed, costs, and related relief.
A judgment for possession does not mean the landlord can immediately change locks. Under Miss. Code Ann. § 89-8-39, if judgment is granted, the judge generally orders the tenant to vacate in seven days from the date of judgment unless emergency or other compelling circumstances justify a shorter or longer period.
Before the court-ordered move-out date, the tenant has the same access to the premises as allowed by the rental agreement.
5. Step Five: Warrant for Removal
If the tenant does not vacate by the court-ordered move-out date, the landlord may request a warrant for removal. Upon request and payment of applicable fees, the judge issues the warrant to the sheriff or constable, commanding removal of persons from the premises and putting the landlord into possession. Miss. Code Ann. § 89-8-39(2).
After the warrant is executed, the landlord must allow the tenant reasonable access to the premises for 72 hours to remove personal property. After that 72-hour period, remaining property may be removed to the curb, an area designated for garbage, or another location agreed to by the parties. Miss. Code Ann. § 89-8-39(3).
6. Special Rule for Nonpayment Cases
If the possession judgment is based solely on nonpayment of rent, the judge shall not issue a warrant for removal if the tenant pays in full all unpaid rent and other sums awarded in the judgment by the court-ordered move-out date, or if the landlord accepts payment after that date. Miss. Code Ann. § 89-8-39(4).
The statute also imposes a good-faith obligation on the landlord to accept full payment tendered on or before the court-ordered move-out date.
7. Appeal
Appeals from residential eviction final judgments are governed by Miss. Code Ann. § 89-8-43 and the applicable Mississippi Rules of Court. General justice-court civil appeals are also governed by Miss. Code Ann. § 11-51-85, which includes a ten-day demand-and-bond framework and provides that, in counties with a county court, appeals from justice court go to county court.
A tenant should not assume an appeal automatically stops removal. Staying removal generally depends on the applicable rules, bond, and court order.
8. Self-Help Is the Wrong Tool
For residential tenancies, a landlord should not try to bypass court by:
- Changing locks
- Cutting off utilities
- Removing belongings
- Blocking access before the court-ordered move-out date
- Threatening or intimidating the tenant into leaving
Those actions can create claims for wrongful eviction, conversion, damages, and other relief. The landlord's remedy is the statutory court process.
9. What Tenants Should Do
If you receive an eviction notice or summons:
- Do not ignore it. Failure to appear usually results in judgment.
- Gather documents. Lease, payment records, messages, notices, photos, repair requests, and witness information.
- Check the notice. Determine whether it is a three-day nonpayment notice, a 14-day material-breach notice, or another type.
- Bring proof to court. Justice Court hearings are fast; unsupported explanations usually lose to documents.
- Seek legal advice quickly if you have a defense or need more time.
Knowing what Mississippi tenant rights protect against — improper notice, habitability failures, and retaliation — can shape what is worth raising at the hearing.
10. What Landlords Should Do
If you are considering eviction:
- Read the lease and statute together.
- Use the correct notice.
- Keep proof of delivery.
- Bring documents to court.
- Do not engage in self-help.
- Use the warrant-for-removal process if the tenant does not leave by the court-ordered move-out date.
Clear nonpayment cases can move quickly when the paperwork is right. Defective notices and poor proof create delays.
Get a Consultation
Sheppard Law Firm represents Mississippi landlords and tenants in eviction proceedings, wrongful-eviction claims, and other landlord-tenant disputes. Call 601-688-4110 or contact us online for a consultation.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Every case is different. If you are facing an eviction matter — as a landlord or as a tenant — contact Sheppard Law Firm to discuss your specific situation.