Mississippi (MS) eviction guide
Quick answer
To evict a tenant in Mississippi, serve a written notice (as short as 3 days for unpaid rent), then file an unlawful detainer complaint in Justice Court if the tenant does not comply. A hearing is typically set 5 to 10 days after filing, and the entire process from first notice to lockout usually takes 3 to 8 weeks when uncontested.
| Legal grounds | Nonpayment of rent, lease violation, holdover, illegal activity |
|---|---|
| Minimum notice | 3 days (nonpayment) |
| Where to file | Justice Court in the county where the property is located |
| Filing fee | About $50 to $150 (varies by county) |
| Typical timeframe | 3 to 8 weeks notice to lockout |
Tenant must pay all overdue rent within 3 days or the landlord may file in court.
Tenant has 14 days to fix a curable lease breach such as an unauthorized pet or property damage.
Either party must give 30 days written notice to end a month-to-month tenancy with no cause required.
A week-to-week tenancy requires only 7 days written notice to terminate.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Legally Required Notice | 3 to 30 days | Deliver the correct written notice (3-day, 14-day, or 30-day) to the tenant by personal delivery, posting plus mailing, or another method allowed under Miss. Code Ann. § 89-7-27. |
| 2. File an Unlawful Detainer Complaint | 1 to 2 days | If the tenant does not comply, submit a sworn affidavit and complaint to the Justice Court in the county where the rental is located, paying the court filing fee. |
| 3. Court Issues Summons and Serves Tenant | 1 to 5 days | The court issues a summons that must be served on the tenant at least 5 days before the scheduled hearing date. |
| 4. Attend the Eviction Hearing | 5 to 10 days after filing | Both parties appear before the Justice Court judge; bring your lease, payment records, and notice documentation as evidence. |
| 5. Receive Judgment and Writ of Possession | Same day to 5 days after hearing | If the judge rules for the landlord, a writ of possession is issued immediately for nonpayment cases or after 5 days for other grounds; tenants may appeal to Circuit Court within 12 days by posting a bond. |
| 6. Sheriff or Constable Executes Lockout | Within days of writ issuance | The county sheriff or constable physically removes the tenant and restores possession to the landlord; the landlord may not perform the lockout personally. |
Filing a Mississippi eviction complaint in Justice Court costs about $50 to $150 depending on the county, with Hinds County charging around $85 for one tenant. Add constable or sheriff fees for serving papers and executing the writ, plus any attorney fees, and total out-of-pocket costs typically run $200 to $600 for a straightforward uncontested case.
After the judge rules for the landlord, the Justice Court issues a writ of possession, either immediately (nonpayment) or 5 days after judgment (other grounds). The county sheriff or constable carries out the lockout by removing the tenant and returning control of the unit to the landlord. Self-help eviction, such as changing locks or shutting off utilities before a writ is issued, is illegal in Mississippi.
General information, not legal advice. Governing statute: Miss. Code Ann. Title 89, Chapter 7 (Landlord and Tenant) and Chapter 8 (Residential Landlord and Tenant Act). Self-help eviction is illegal everywhere; always follow the court process.
Mississippi eviction FAQ
An uncontested Mississippi eviction typically takes **3 to 8 weeks** from the first notice to the physical lockout. A 3-day nonpayment case can wrap up in about 3 weeks; a 30-day notice case plus court time can stretch to 8 weeks or longer if the tenant appeals.
Court filing fees run about **$50 to $150** depending on your county. When you add constable or sheriff service fees and any attorney costs, most landlords spend **$200 to $600** on a straightforward case without attorney representation.
No. Mississippi law prohibits self-help eviction. A landlord cannot change locks, remove doors, or shut off utilities to force a tenant out. A court order and a writ of possession executed by the sheriff are required before any physical removal.
The landlord must serve a written **3-Day Notice to Pay or Quit** giving the tenant 3 full days to pay all overdue rent. If the tenant pays in full within those 3 days, the eviction stops and no court filing is needed.
Yes. A tenant can appeal a Justice Court eviction judgment to the **Circuit Court** within **12 days** of the ruling by posting an appeal bond. Filing an appeal does not automatically let the tenant stay; the court may still enforce the writ unless the appeal bond is accepted.
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