Before you can file an eviction for unpaid rent in Mississippi, you usually have to give the tenant a written notice first. The verified rule above covers what that notice requires. If the notice is wrong, a court can throw out the case and you start over.
Step by step
Check your lease and your records so you know exactly how much rent is past due.
Write the notice using the notice period and contents in the rule above.
Deliver it in a way the law allows, and note the date, time and method.
Wait out the full notice period. Count the days carefully and don't file early.
If the tenant pays in full within the period, accept it unless the law says otherwise.
If they don't pay or move out, you can file the eviction case with the court.
Common mistakes to avoid
Filing before the notice period has fully run.
Adding late fees or other charges to the amount demanded when the rule only covers rent.
Delivering the notice by a method the law doesn't recognize.
Changing the locks or shutting off utilities instead of going through court.
Losing proof of when and how the notice was served.
This is general information, not legal advice. The verified rule and source above control. Check the source or a local attorney for your situation.
Related Mississippi rules
Eviction court process & timeline
The landlord files a sworn affidavit or complaint with a copy of the breach or termination notice (§ 89-8-33). A summons orders the tenant to vacate or appear on a set day (§ 89-8-35). If the landlord wins, the judge orders the tenant out in 7 days from the judgment unless an emergency or other compelling circumstances justify a different period (§ 89-8-39(1)).
Justice court eviction filing costs are set per county. Example: Oktibbeha County Justice Court charges $84.00 to file an eviction against 1 defendant (fee sheet effective July 1, 2022). The statutory base fee in Miss. Code Ann. § 25-7-27(1)(a) ($25, plus $5 per added defendant) was not verified on an official site.
Ch. 89-8 contains no express ban on landlord lockouts or utility shutoffs (full-text search of the chapter). It provides a court eviction process (§§ 89-8-33 to -45).
After a lease expires, the landlord may raise rent or start a holdover eviction (with 3 days' notice), but not with the dominant purpose of retaliating against the tenant for actions authorized by the Act.
After a lease expires, the landlord may give written notice that the tenant is holding over and that eviction will start no earlier than 3 days later (§ 89-8-17(2)). If the tenant does not leave by the date in the landlord's notice, the landlord may charge double rent unless the lease says otherwise (§ 89-8-45).
No state statute allowing rent withholding or rent escrow was found in Miss. Code Ann. ch. 89-8 (Residential Landlord and Tenant Act, reviewed by full-text search).
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