Legal Ways to Evict a Roommate in Mississippi

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How to Evict a Roommate in Mississippi

If you share your residence with a roommate in Mississippi, it is a good idea to know in case the need arises. Eviction laws vary from state to state and from county to county, so even if you know how evictions work, you should be familiar with the laws in your area. This article takes a look at how to evict a roommate according to the laws in Mississippi, then introduces you to the Landlord Protection product from DoNotPay. This product aims to save you time and money, like all of the products made by DoNotPay. Check out some of the other articles from the Landlord Protection product series as well.

Eviction Laws in Mississippi

According to , landlords are not allowed to evict or force a tenant to leave a property without good cause and notice. But is a roommate a tenant? You have to own the property to be a landlord, right? You do not have to own the property to be a landlord with a tenant. There also does not have to be a formal agreement for there to be a tenant-landlord relationship.

Good Cause to Evict a Roommate

There are four basic reasons for evicting, and they each have different notification requirements.

Failure To Pay.If the tenant has failed to pay on time, as of one day after the due date, the landlord can serve the tenant with a 3-day demand for payment. If the tenant makes good on the debt within the given time, the landlord must not pursue eviction.
Violating The Terms Of The Lease.Landlords must present the tenant with a 14-day Notice To Quit. The letter should specify what terms are being violated and allow time for the tenant to fix the violations.
Violations Of The Health, Building, Safety, Or Housing Codes.These violations do not require the landlord to provide any time for the tenants to fix the issue. The landlord can just demand the tenants leave the property.
Non-Renewal Of Lease.If the lease has run out and the tenant has not chosen to renew it, the landlord must issue a written notice. If they refuse, the landlord must proceed with eviction.

Do You Have the Legal Right to Evict a Roommate?

Having the depends on the terms of your agreement. The agreement does not have to be in writing, and you do not have to own the property to be the roommate's landlord. A roommate typically shares the living expenses and shares the living space. Although sharing in the living expenses generally means a monetary contribution, it can also include labor in exchange for rent or bartering.

  • If the roommate signed the rental agreement as you did, you are both tenants, and tenants cannot evict each other.
  • If you are the tenant on record, the roommate pays their rent directly to you, and you only signed the rental agreement, then they are your tenant, and you can evict them.

Do You Have to Warn a Roommate Before You Can Evict Them?

The notice you are required to give the roommate is determined by the reason that they are being evicted. If the roommate fails to pay on time, then you must present them with a 3-day demand for payment. If the payment is made on time, you are not allowed to proceed with eviction. For violations on the terms of a lease or failure to renew a lease, there is a 14-day Notice To Quit that must be served to the tenant, and if they comply, you must not proceed with eviction. If the tenant chooses not to comply with the notices, then you may proceed with eviction by court order.

Sample Demand Letter for Roommate Eviction

A demand letter to a roommate must state the intent of the document, include the date, and include the exact amount that must be paid to avoid eviction. The length of time they have to pay must also be included.

Three Day Demand For Payment From Roommate

xx/xx/xxxx

To: Roommate

From: Landlord

This letter is to give notice to my roommate that, as of this date, $x00 is owed in back rent. The roommate is hereby given three days to provide payment in full, or the landlord will proceed with eviction by court order. The final date to submit payment is xx/xx/xxxx.

Signature and date

Use DoNotPay to Evict a Roommate

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

  1. Get back your security deposits.
  2. Learn about your state's eviction laws and what protections apply in your case.
  3. Resolve disputes regarding repairs with your landlord.
  4. Resolve disputes with roommates by filing demand letters or going through small claims court.
  5. Break your lease early.

How to evict a roommate in Mississippi using DoNotPay:

If you want to but don't know where to start, DoNotPay has you covered in 4 easy steps:

  1. Search for and open the Landlord Protection product on DoNotPay.

  2. Select which issue applies to you.

  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it. You should hear back from your landlord directly once your demands are sent.

Why Use DoNotPay to Evict a Roommate?

Take the hassle and confusion out of the eviction process by letting handle things for you. Difficult and confusing tasks are handled quickly, easily, and successfully. The Landlord Protection product offers four ways to help you with eviction-related issues. And if filing a claim in small claims court is necessary, there is a product for that too. Here are some more articles from the Landlord Protection product series.

What Else Can Donotpay Do?

The products from DoNotPay will save you time and money by handling tasks on your behalf. The time-consuming, tedious, or confusing tasks that you do not have time to fit into your schedule. Here are some more products from DoNotPay that aim to save you even more time and money.

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