How do I respond to an eviction notice in Mississippi?
In Mississippi, a landlord must follow the summary process set out in state law to remove a tenant for holdover or unpaid rent. Tenants may contest the facts alleged by filing an affidavit with the magistrate before or at the hearing, and the magistrate may try disputed issues. In some situations a constable may begin a specific notice-and-view procedure when a tenant deserts premises.
Federal rules can also limit actions by owners of federally related properties, including a 30-day requirement before forcible removal in covered situations. The exact steps and deadlines available depend on why the landlord started eviction (holdover, nonpayment, lease breach) and whether federal protections apply.
Current Mississippi law
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The deadline that matters
For nonpayment evictions, the landlord must serve a three-day written notice to pay rent or vacate before proceeding under Miss. Code Ann. § 89-7-27.
What Mississippi law says
A landlord may seek a summary removal for holdover or certain lease defaults under Miss. Code Ann. § 89-7-27. If rent is unpaid and distress of goods will not satisfy rent, the landlord must serve a three-day written notice for payment or possession (notice by email or text is valid if the parties agreed in writing). A tenant or person claiming possession may, at or before the time set in the magistrate's summons, file an affidavit denying the facts alleged and have those matters tried by the magistrate under Miss. Code Ann. § 89-7-37. If a tenant deserts the premises with rent owed and no sufficient distress, a constable may affix a notice and return for a second view not less than five nor more than fifteen days later, after which the justice court may put the landlord in possession under Miss. Code Ann. § 89-7-49. Proceedings in justice court are recorded and may be appealed as provided in Miss. Code Ann. § 89-7-47. For certain federally related properties or programs, federal law limits initiating an action or charging fees and may require a 30-day period before requiring a tenant to vacate, see 15 U.S.C. § 9058.
What to do
A common first step is to read the eviction notice carefully to see the stated reason and any dates.
A common option is to file an affidavit with the magistrate denying the facts alleged at or before the hearing time so the magistrate can decide contested issues under Miss. Code Ann. § 89-7-37.
A common step is to gather documents that may support your position, such as payment records, lease terms, written notices, and any written agreement about electronic notice.
A common step is to attend the magistrate or justice court hearing, because the court may issue judgment and the record can be appealed as allowed under Miss. Code Ann. § 89-7-47.
If the eviction is based on alleged desertion with unpaid rent, a common step is to note the constable’s required notice and second-view timing under Miss. Code Ann. § 89-7-49.
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Common questions
Can I contest the landlord's claims in court?
Yes, a person claiming possession may file an affidavit denying the facts at or before the hearing set by the magistrate, and the magistrate may try contested matters under Miss. Code Ann. § 89-7-37.
How much notice must a landlord give for unpaid rent evictions?
For nonpayment, the statute requires a three-day written notice to pay or give possession before proceeding under Miss. Code Ann. § 89-7-27.
What happens if a tenant deserts the property owing rent?
If premises are deserted and there are insufficient goods to satisfy rent, a constable may post a notice and return for a second view in five to fifteen days, after which the justice court may put the landlord in possession under Miss. Code Ann. § 89-7-49.
Do federal rules ever limit eviction timing?
Federal law includes protections for certain federally related properties or housing programs that can restrict filings and may require a 30-day period before requiring a tenant to vacate in covered situations, see 15 U.S.C. § 9058.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
