Eviction is something landlords hope to avoid but should always be prepared for. A tenant who stops paying rent — or who breaks the lease in another serious way — represents the single largest financial risk you face as a rental property owner. The good news is Mississippi has a clear, relatively fast legal process for removing a non-paying tenant. The less-good news is that any misstep along the way can reset the clock or void the case entirely. Knowing the process before you need it is one of the highest-value things a Mississippi landlord can do.
This guide walks through the formal eviction process in Mississippi as it stands in 2026, from the first late payment through actual removal. It's written from the perspective of a working property manager, not an attorney — and that's important to flag right up front.
This article is for general education. It's not legal advice and it shouldn't substitute for talking to a Mississippi attorney about your specific situation. Eviction law is unforgiving of procedural mistakes, and the cost of getting the procedure wrong is usually more than the cost of getting an attorney to help. We work with one and we recommend you do too.
1 The legal framework
Mississippi residential evictions are governed primarily by the Residential Landlord and Tenant Act (Mississippi Code Title 89, Chapter 8) and the eviction-procedure statutes in Title 89, Chapter 7. The legal proceeding itself happens in the justice court of the county where the property is located — that's the small-claims-level court in Mississippi, formerly called justice of the peace court.
Justice court is intentionally designed to be accessible to landlords without an attorney. You can file pro se (representing yourself), pay a relatively low filing fee, and get a hearing within a few weeks. That said, the simplest cases benefit from professional preparation, and any contested case — where the tenant shows up and pushes back — is much better handled with counsel.
2 Step one: written notice
Before you can file anything in court, you must give the tenant written notice. The notice type depends on the reason for eviction.
Three-day notice for nonpayment of rent
For unpaid rent, Mississippi law (Miss. Code § 89-7-27) requires a three-day notice to pay or quit. The tenant gets three days to either pay everything they owe or vacate the property. If they do neither, you can file in justice court.
The notice must:
- Be in writing
- Clearly state the amount of rent due
- Demand payment within three days
- State that failure to pay will result in eviction proceedings
- Be delivered to the tenant (in person, posted on the property, or sent by mail — the safest practice is to do both posted and certified mail)
Three days is calendar days, not business days. Day one is the day after the notice is delivered.
14-day notice for other lease violations
For non-rent violations of the lease (unauthorized pets, unauthorized occupants, property damage, lease-term violations), Miss. Code § 89-8-13 requires the landlord to give the tenant 14 days to cure the violation or vacate. The notice must identify the specific violation and state what the tenant must do to cure it. After a second violation of the same kind within six months, the landlord may issue an unconditional 14-day notice to quit with no opportunity to cure.
Notice for material non-compliance affecting health or safety
For substantial violations that materially affect health or safety — illegal activity on the property, threats to other tenants, intentional property destruction — Mississippi law allows for an unconditional immediate notice to quit, with no opportunity for the tenant to cure. If you're dealing with one of these, talk to an attorney before issuing notice; the procedural bar is higher and you want to get it right.
A common mistake: Many landlords think they can skip the notice step if the lease says rent is due on the 1st and the tenant hasn't paid by the 5th. They can't. The written three-day notice is a statutory requirement. Filing without it gets your case dismissed and you start over.
3 Step two: filing in justice court
Once the three-day notice has expired without payment or vacancy, you can file a formal eviction action. In Mississippi this is usually called a "complaint for unlawful entry and detainer" or simply an "eviction filing."
You file in the justice court of the county where the property is located. For our service area:
- Jackson properties: Hinds County Justice Court
- Madison and Ridgeland properties: Madison County Justice Court
- Brandon properties: Rankin County Justice Court
- Yazoo City properties: Yazoo County Justice Court
Filing fees in Mississippi justice courts as of 2026 run roughly $50–$100 depending on the county, plus a sheriff's service fee for serving the tenant. These are recoverable as costs if you win.
What you'll need to bring or attach:
- The lease (or a copy)
- The three-day notice and proof of delivery
- A ledger showing the amount of rent owed and the calculation
- Any communication with the tenant about the unpaid rent
- The tenant's full legal name (as on the lease) and current address (the rental address)
4 Step three: service of process
After you file, the court issues a summons that has to be served on the tenant. Service is done by the sheriff or a designated process server, not by you. The tenant typically must be served at least five days before the hearing.
If the tenant can't be located for personal service, Mississippi law allows for posted service (notice posted on the property) plus mailed notice. The exact requirements vary by county and the specific circumstances; your court clerk can guide you.
5 Step four: the hearing
Hearings in justice court are scheduled quickly — typically 5 to 10 days after the summons and complaint are issued. By statute, the tenant must be served at least 5 days before the hearing date. The hearing itself is brief, often less than 15 minutes for a routine non-payment case.
What happens:
- The judge calls the case
- You present your evidence: the lease, the three-day notice, your rent ledger, proof of service of the notice
- The tenant has a chance to respond — they may admit they owe the money, dispute the amount, claim a habitability defense, or simply not show up
- The judge issues a ruling, usually right at the hearing
If the tenant doesn't show up, you get a default judgment — but the tenant may be able to reopen the case later if they have a good reason for missing the hearing, so document everything thoroughly.
If the tenant shows up and raises a defense — typically claims that the property was uninhabitable, that the landlord failed to maintain the property, or that the landlord refused a partial payment — the case may take a follow-up hearing or require professional representation to resolve.
6 Step five: the judgment, vacate order, and writ of possession
If you win the case, the judge issues a judgment for possession. Mississippi law typically requires the court to order the tenant to vacate the property within 7 days of the ruling, unless the court finds shorter or longer is justified by emergency or compelling circumstances.
The tenant has 5 days after the ruling to file a notice of appeal and post an appeal bond with the court. If they don't appeal within that window, the judgment becomes final and the court issues a writ of possession — the document that authorizes the sheriff to physically remove the tenant if they still haven't left.
The sheriff schedules the actual "set-out" — the physical removal — which typically happens within 5–10 days of the writ being issued, depending on the sheriff's office workload.
You cannot — under any circumstances — change the locks, remove the tenant's belongings, or otherwise self-help evict before the sheriff arrives with the writ. "Self-help" evictions are illegal in Mississippi and expose you to significant liability.
7 Step six: the set-out
On the set-out date, the sheriff arrives at the property. The tenant is given a final opportunity to leave voluntarily. If they refuse or aren't there, the sheriff supervises the removal of the tenant and their belongings.
Belongings left behind become subject to specific statutory rules. You generally cannot dispose of them immediately; there's a holding period during which the tenant can reclaim them, and specific notice requirements you must follow. Talk to your attorney about the current rules — they've shifted in recent years and you want to handle this part precisely.
Typical timeline at a glance
| Step | Typical Mississippi timing |
|---|---|
| Rent past due (after grace period) | Day 5–10 |
| Three-day notice posted | Day 6–10 |
| Three-day notice expires | Day 9–13 |
| Eviction filed in justice court | Day 10–14 |
| Hearing held (5–10 days after summons issued) | Day 15–24 |
| Judgment + 7-day vacate order | Day 16–25 |
| Appeal window (5 days) expires | Day 20–30 |
| Writ of possession issued | Day 22–32 |
| Sheriff set-out | Day 27–42 |
The shortest realistic timeline from rent default to physical removal in Mississippi is around 25–30 days when everything moves cleanly. The more realistic figure for a contested case is 40 to 60 days.
Typical costs
Direct out-of-pocket costs (recoverable from the tenant if you win, but often uncollectable if the tenant has no assets):
- Justice court filing fee: $50–$100
- Sheriff service fee: $25–$50 per attempt
- Attorney fees (if used): $300–$1,000 for an uncontested case, more for contested
- Writ of possession fee: $25–$75
- Sheriff set-out fee: $50–$200
- Lost rent during the process: 1–2 months typically
- Property damage at move-out: highly variable
Realistic total for an uncontested eviction in central Mississippi runs $1,500 to $3,500 in direct costs plus lost rent. Contested cases or those involving significant property damage can easily run higher.
Common mistakes that delay or void evictions
- Accepting partial rent during the process. In Mississippi, accepting partial payment after starting eviction can sometimes "waive" the eviction and force you to start over. If a tenant offers partial payment, talk to your attorney before accepting.
- Self-help eviction. Changing the locks, removing belongings, turning off utilities — all illegal and all open you up to liability that can dwarf the unpaid rent.
- Inadequate notice. Verbal demands don't count. Three-day notice must be written, must state the amount owed, and must be delivered in a documented way.
- Wrong tenant name. Filing against "John Smith" when the lease is signed by "John P. Smith Jr." can get your case dismissed on a technicality. Use the exact name from the lease.
- Missing the hearing. If you don't show up, the case is dismissed regardless of the merits.
- Skipping the writ. A judgment in your favor doesn't authorize you to remove anyone. The writ of possession is the document that does. You wait for it.
How to avoid evictions in the first place
The cheapest eviction is the one you don't have to file. Three things make the biggest difference:
- Thorough screening. Income verification (3x rent minimum), credit check, background check, rental history with prior landlord contacted directly. Same standards for every applicant.
- Early intervention. When rent is one day late, follow up. When it's three days late, post the notice. Tenants who fall behind one month rarely catch up; tenants who fall behind three months almost never do. Acting fast keeps small problems from compounding.
- Clear leases. If your lease is ambiguous about late fees, grace periods, or notice requirements, contested cases get harder. A clear, Mississippi-specific lease form drafted with help from an attorney pays for itself the first time you need it.
The bottom line
The Mississippi eviction process is fast by national standards and accessible without an attorney for routine cases. But every procedural step has to be followed exactly, and the cost of getting one step wrong is starting the whole process over while the tenant continues to occupy your property rent-free. If you've never been through it, walk through the local justice court process with someone who has — or hand it to a property manager who handles eviction filings as a routine part of management.
Further reading & primary sources
This article is a plain-language summary. For the authoritative text — and to confirm anything before you act on it — go straight to the source:
Mississippi statutes (primary law)
- Mississippi Code Title 89, Chapter 8 — Residential Landlord and Tenant Act — the main statute governing residential leases, deposits, repairs, and tenant remedies.
- Miss. Code § 89-8-13 — Right to terminate tenancy; notice of breach — the specific section covering notice periods (3 days for rent, 14 days for cure-or-quit).
- Miss. Code § 89-7-27 — three-day notice statute for nonpayment.
- Mississippi Code Title 89, Chapter 7 — broader eviction-procedure statutes.
State agencies & resources
- Mississippi Attorney General's plain-language Residential Landlord and Tenant Act summary (PDF) — a non-technical overview from the Mississippi AG's office.
- Mississippi Real Estate Commission — verify a broker's or property manager's license, file complaints.
- Mississippi Bar — Find a Lawyer — referral service if you need an attorney for a contested eviction.
- Mississippi Judiciary — official portal for the state court system, including justice court locator and forms.
Citations current as of May 2026. Mississippi statutes are amended periodically — always verify the current text before relying on a specific section.