Mississippi Eviction Defense — LSC Companion Guide
Legal Services Corporation Partner Document
For use with: ms-eviction-defense-answer-court-doc.md
What This Document Does
This guide helps you respond to an eviction lawsuit filed against you in Mississippi. If you receive a court summons, complaint for eviction, you should file this Answer to protect their rights as a tenant.
When to Use This Guide
Use this guide if:
- You received a court summons and complaint for eviction;
- Your landlord has filed an eviction case illegally (for example, by raising the rent or retaliation);
- Your landlord has failed to properly maintain the rental property ( and follow correct legal procedures;
4) You want to assert defenses based on violations by the landlord or Mississippi law.
Before You Start
Gather these items
| Item | Notes |
|---|---|
| Lease or rental agreement | Any version you have |
| Rent payment records | Receipts, bank statements, money orders |
| Notices from your landlord | Especially any 3-day notice to quit or pay rent |
| Photos/videos of property condition | Document problems, especially health/safety issues |
| The court summons and complaint | You MUST file this Answer within 10 days |
| Photo ID | Driver's license or state ID, or passport |
| Filing fee | Approximately $75 (Fee waiver available — ask clerk) |
| Copies of filed Answer | Keep one for your records |
Step-by-Step Filing
Step 1: Read the Summons and Complaint
- Note the exact case number, docket number, and the date and time of the hearing.
- Identify the correct court — should be Justice Court or County Court
Step 2: Complete the Answer Form
- Fill in all blank fields with information about yourself, the landlord, and the property.
- List any defenses that may apply to your situation
- Sign and date the form
Step 3: Make copies
Make 3 copies of the's Answer:
- 1 for the court (original + 2 copies for the clerk)
- 1 for yourself
Step 4: File with the clerk
- Go to the Justice Court or County Court in your county
- Tell the clerk you are filing an Answer to an eviction
- Pay the filing fee ($75)
- Ask for a fee waiver application if if you cannot afford the fee
- The clerk will stamp your copies with a docket number and hearing date
- You down the hearing date
At Your Hearing
Arrive 15-30 minutes early.
Bring:
- Your stamped copy of the filed Answer
- All supporting documents (lease, receipts, photos, notices)
- Any witnesses who can testify about the property condition
- Photo ID
What to say:
When the judge asks:
- "Your Honor, I am [YOUR NAME], the defendant in this eviction action. I filed an Answer on [DATE]."
- "My first defense is [NAME OF DEFENSE]. For example: "My first defense is Retaliatory Eviction."
- "My second defense is Habitability — The landlord failed to maintain the property in a livable condition."
- "My third defense is Improper Notice — Landlord didn't give me proper notice before filing this lawsuit."
- Present your documents when asked
- Refer to your defenses by number: "My first defense is [NAME]. My second defense, [NAME]. My third defense, [NAME]."
Legal Aid Resources
If you need free legal help:
- North Mississippi Rural Legal Services: (662) 234-5110 — 23-county region
- Mississippi Center for Legal Services: (601) 948-4170 — Statewide
- Hinds County Legal Services: (601) 859-8300 — Hinds, Madison, Rankin counties
- South Mississippi Legal Services: (601) 544-5337 — 15-county region
Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.
Guide prepared by Jurist-Diction in partnership with Legal Services Corporation grantees.
"The law, precisely spoken."
Version: 1.0
Last Updated: March 2026