Mississippi Eviction Defense Guide 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney for advice specific to your situation.

Facing eviction in Mississippi? You have rights. This guide explains how to defend yourself and stay in your home.

Quick Facts: Mississippi Eviction

Types of Eviction in Mississippi

1. Failure to Pay Rent (Most Common)

• Landlord must give 3-day written notice to pay or quit
• Notice must include amount owed and demand for payment
• You can stop eviction by paying all rent owed before removal

2. Breach of Lease

• Landlord must give 30-day notice to cure (fix) the breach
• If not cured, landlord can file for eviction
• Common breaches: unauthorized pets, unauthorized occupants, damage

3. Holding Over

• After lease expires, tenant remains without permission
• No notice required in some cases
• Landlord can file immediately

4. Illegal Activity

• Drug-related activity, violent crimes
• 3-day notice required
• No right to cure

The Eviction Process in Mississippi

Step 1: Notice

Landlord must serve proper written notice. The notice must:

• Be in writing
• State the reason for eviction
• Give you time to cure (if applicable)
• Be properly served

Step 2: Court Filing

Landlord files a complaint in Justice Court or County Court

• You will receive a summons and complaint
• Hearing is usually scheduled within 5–10 days

Step 3: The Hearing

1. Arrive early and dress appropriately
2. Bring all documents (lease, receipts, photos, communications)
3. Present your defenses to the judge
4. Both sides can present evidence and witnesses

Step 4: Judgment

• If landlord wins: Judge issues judgment for possession
• If tenant wins: Case dismissed, you stay
• You have 5 days to appeal

Step 5: Writ and Removal

• After 5 days (or after appeal deadline), landlord gets a Writ of Possession
• Sheriff posts notice and removes tenants

Defenses Against Eviction

Procedural Defenses

1. Improper Notice

• Wrong notice period
• Notice not properly served
• Notice missing required information

1. Improper Service

• Summons not properly served
• Can move to dismiss

1. Landlord Didn't Follow Procedure

• Failed to give required notice
• Failed to maintain habitability

Substantive Defenses

1. Rent Was Paid

• Bring receipts, canceled checks, bank statements
• Text messages confirming payment

1. Habitability Issues

• Serious code violations
• No heat, no hot water, mold, pest infestation
• Document with photos and complaints

1. Retaliation

• Eviction within 90 days of complaint
• Must prove landlord's retaliatory motive

1. Discrimination

• Based on race, religion, family status, disability
• File complaint with HUD

1. Acceptance of Partial Payment

• If landlord accepted partial rent, may have waived right to evict

Justice Court Locations in Mississippi

Hinds County (Jackson)

• Address: 407 E. Pascagoula Street, Jackson, MS 39201
• Phone: (601) 968-6656

Harrison County (Gulfport)

• Address: 1801 23rd Avenue, Gulfport, MS 39501
• Phone: (228) 865-4125

DeSoto County (Southaven)

• Address: 2535 Commerce Way, Hernando, MS 38632
• Phone: (662) 429-1355

Rankin County (Brandon)

• Address: 1001 Marquette Road, Brandon, MS 39042
• Phone: (601) 825-1470

What to Bring to Court

• [ ] Copy of your lease
• [ ] Rent receipts or payment records
• [ ] Photos of conditions
• [ ] Copies of complaints to landlord
• [ ] Communication records (texts, emails)
• [ ] Any notices received
• [ ] Witness contact information

After the Hearing

If You Win

• Case is dismissed
• You can stay in your home
• Document the outcome

If You Lose

1. Appeal within 5 days

• File Notice of Appeal at the court
• May need to post bond

1. Negotiate with landlord

• Ask for more time to move
• Get any agreement in writing

1. Seek emergency assistance

• Rental assistance programs
• Legal aid for appeal

Legal Aid Resources in Mississippi

Controlling Statutes

• Mississippi Code § 89-8-1 et seq. (Residential Landlord and Tenant Act)
• Mississippi Code § 89-8-19 (Landlord Remedies)
• Mississippi Code § 89-8-27 (Tenant Remedies)

Next Steps

1. Read your notice carefully — Understand the reason and deadline
2. Gather evidence — Receipts, photos, communications
3. Attend the hearing — Never skip court
4. Present your defenses — Use the defenses above
5. Know your appeal rights — 5 days to appeal

Get Mississippi Eviction Defense Documents

jurisdiction-correct Mississippi eviction defense documents from Jurist-Diction include answer forms, discovery requests, and instructions — starting at $47.

Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Mississippi attorney or Mississippi Center for Legal Services at (601) 948-6752.