Mississippi Eviction Defense Guide

Facing Eviction in Mississippi?

Mississippi evictions are governed by Miss. Code Ann. § 89-7-1 et seq. The landlord must serve proper written notice before filing an unlawful detainer action in Justice Court. A 3-day notice is required for nonpayment of rent. Understanding your rights before the hearing can make the difference.

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Mississippi Notice Requirements — § 89-7-27 & § 89-7-23

Nonpayment of Rent (§ 89-7-27)

3-Day Notice to Pay or Quit

The landlord must serve a written 3-day notice to pay or quit before filing for unlawful detainer. The notice must demand payment of all rent due or surrender of the premises. If you pay the full amount within 3 days, the landlord cannot proceed.

•3-day written notice required
•Full payment within 3 days stops the eviction
•Notice must be served properly (in person or posted)

Termination of Tenancy (§ 89-7-23)

Notice Periods Vary by Tenancy Type

For month-to-month tenancies, either party may terminate with 30 days written notice. For week-to-week tenancies, 7 days notice is required. For lease violations, the landlord must give notice and a reasonable opportunity to cure before filing for eviction.

•Month-to-month: 30-day notice
•Week-to-week: 7-day notice
•Lease violations: notice and cure period

Mississippi Unlawful Detainer Process

Landlord files complaint in Justice Court

After the notice period expires, the landlord files an unlawful detainer complaint in the Justice Court for the county where the property is located. Justice Court has jurisdiction over eviction cases. The filing fee is typically $60–80.

Summons served on tenant

The Justice Court issues a summons and schedules a hearing date, usually within 10–14 days. The summons may be served by a constable or posted on the premises if personal service is not possible.

Appear at the Justice Court hearing

Attend the hearing and present your defenses. Bring all documentation: your lease, payment records, any receipts, written communications with the landlord, and photos of any habitability issues. You do not need to file a written response before the hearing.

If judgment enters against you — appeal within 5 days

If the Justice Court rules in the landlord's favor, you have only 5 days to appeal to Circuit Court or County Court. You must file the appeal and pay a supersedeas bond to stay the eviction during the appeal.

Writ of possession

If you do not appeal and do not vacate, the landlord can request a writ of possession. The constable will enforce the writ and remove you and your belongings from the property.

Key Defenses for Mississippi Tenants

Rent Was Paid

Bring receipts, money order stubs, bank records, or cancelled checks showing rent was paid. The landlord bears the burden of proving rent was unpaid.

Defective or Insufficient Notice

If the landlord failed to serve a proper written 3-day notice, failed to state the correct amount owed, or gave insufficient time, the notice is defective and the case should be dismissed.

Habitability / Retaliatory Eviction

While Mississippi does not have a comprehensive landlord-tenant code like some states, courts recognize a common-law implied warranty of habitability. If the eviction was filed in response to a complaint about unsafe conditions, retaliation may be a defense.

Improper Service

The notice and/or summons must be properly served on the tenant. Improper service — posting without attempting personal service when personal service was possible — can be challenged as a procedural defect.

No Landlord-Tenant Relationship

If the person filing is not your landlord (e.g., they do not own the property, the lease is with someone else, or the relationship is a different legal status), this is a defense.

Partial Payment Accepted After Notice

If the landlord accepted any rent payment after the notice period expired, they may have waived the breach and cannot proceed on the same notice.

Free Legal Help in Mississippi

Mississippi Center for Legal Services

601-948-6752

Free civil legal help for low-income Mississippians statewide including housing and eviction defense

North Mississippi Rural Legal Services

662-234-8731

Free legal help for low-income residents in north Mississippi counties

Mississippi Volunteer Lawyers Project

601-355-7313

Pro bono legal referrals for civil matters including housing

Mississippi Courts Self-Help

courts.ms.gov

Justice Court forms and self-help resources for eviction proceedings

Respond to Your Eviction

Mississippi Eviction Defense Documents

Get a complete eviction defense packet — tenant defenses checklist, Justice Court answer template, habitability documentation guide, and plain-English guide to Mississippi unlawful detainer procedure.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.