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Tenant Eviction Rights in Mississippi (2025)

Know your rights. Your landlord must follow specific legal steps before evicting you in Mississippi — here's what they must do and how you can defend yourself.

3 days
Notice landlord must give
Weak
Tenant protection level
2-3 weeks
Typical timeline
Limited
Retaliation protection

Facing Eviction in Mississippi?

You may have legal defenses that could stop or delay the eviction. Get a free consultation with a local tenant attorney.

What Your Landlord MUST Do Before Evicting You in Mississippi

1

Landlord Must Serve You Proper Written Notice

Before your landlord can file for eviction in Mississippi, they MUST give you a written notice. For non-payment of rent, they must give you at least 3 days' notice. This notice must state the reason, the amount owed (if applicable), and the deadline to pay or vacate. An improperly served or defective notice is grounds to dismiss the eviction.

2

You Have 3 Days to Respond or Pay

During the notice period, you have the right to: pay all rent owed (stopping the eviction), fix any lease violation, or move out voluntarily. If you pay rent in full before the notice period expires, the landlord generally cannot proceed with the eviction for non-payment.

3

If Landlord Files, You Will Receive a Court Summons

If you do not resolve the issue, your landlord may file an eviction complaint in Mississippi court. You will be served with a summons and complaint — likely by a sheriff, process server, or certified mail. Do NOT ignore this summons. Read it carefully and note the hearing date.

4

You Have the Right to Appear at the Hearing

You have the absolute right to appear in court and present your defense. Bring all documentation: your lease, payment receipts, any communication with the landlord, and evidence of any defenses. If you don't appear, the judge will likely rule in the landlord's favor by default. Consider consulting an attorney before the hearing.

5

If Judgment Is Against You, a Writ of Possession Is Issued

If the judge rules in favor of the landlord, they will request a Writ of Possession — a court order authorizing removal. You typically have a short window after judgment to appeal or move out voluntarily. You may also ask the court for a payment plan in some cases.

6

Sheriff Enforces — Typically 24-72 Hours Notice Before Removal

The local sheriff or constable will come to your home, post a final notice (usually 24-72 hours), and then physically remove you if you haven't left. Your belongings may be placed on the street or stored depending on Mississippi law. Do NOT wait until this stage — it affects your rental history significantly.

Your Legal Defenses Against Eviction in Mississippi

Improper Notice

If your landlord did not serve the notice correctly — wrong format, wrong delivery method, wrong notice period — the eviction may be dismissed. In Mississippi, the notice must comply strictly with Miss. Code § 89-7-27.

Retaliation

While Mississippi has limited retaliation protections, if you can prove the eviction is in response to a protected action, raise this defense in court.

Habitability / Warranty of Habitability

Habitability defenses are limited in Mississippi, but significant and dangerous conditions (no heat, water, or sewage) may still be raised as a defense.

Acceptance of Rent After Notice

If your landlord accepted a rent payment from you AFTER serving the eviction notice, they may have waived their right to evict for that violation. Keep all payment records including dates and receipts.

Landlord Did Not Follow Proper Procedures

Eviction laws in Mississippi are strict. If the landlord failed to file in the correct court, used the wrong forms, or missed a procedural step, the case may be dismissed. An attorney can identify these errors.

🚫 What Your Landlord CANNOT Do

Are you a landlord in Mississippi? See the landlord eviction guide.

View Landlord Guide for Mississippi →

See the eviction notice your landlord must serve before filing in Mississippi.

Mississippi Eviction Notice Requirements →

Frequently Asked Questions — Tenant Rights in Mississippi

How long does a landlord have to give me notice before eviction in Mississippi?

For non-payment of rent, your landlord must give you at least 3 days written notice in Mississippi. For no-cause (month-to-month) terminations, the landlord must give 30 days notice. Always check that the notice was properly served.

Can a landlord evict me without going to court in Mississippi?

No. In Mississippi, a landlord MUST get a court order to legally evict you. They cannot change your locks, remove your belongings, or shut off utilities without a court judgment. If they do any of these things, it's an illegal self-help eviction and you may sue them.

What happens if I can't pay rent in Mississippi?

Contact your landlord immediately and explain your situation. Many landlords will accept a payment plan. You should also search for rental assistance programs in Mississippi — many cities and counties offer emergency rental assistance. If eviction proceedings begin, contact a local tenant legal aid organization.

Can I be evicted if I have children or am disabled in Mississippi?

Having children or a disability does not exempt you from eviction in Mississippi, but you may have additional protections under the Fair Housing Act. Consult an attorney if you believe your eviction may be discriminatory.

How does an eviction affect my rental history in Mississippi?

An eviction judgment appears on your credit report and may appear in tenant screening databases for up to 7 years. Even an eviction filing (without judgment) can appear in some databases. This is why it's critical to fight evictions you believe are improper or to negotiate with your landlord before a case is filed.

Resources for Tenants in Mississippi