Mississippi Eviction Laws: What Are Your Rights?

Most of us have encountered rogue landlords who operate outside the law. As rent prices go up and the housing market slips back to normalcy, you must understand your rights as a tenant.

What do you know about ? Read on to find out what your rights as a tenant are.

Landlords everywhere are in business. They will do what it takes to make money, such as refusing to surrender your security deposit, evicting you illegally, or avoiding paying for house repairs.

It is undoubtedly daunting to take on a landlord when these things happen, but you can do it when the law is on your side. You can face the landlord independently, or you can use an AI-powered robot assistant like DoNotPay to assist you.

Eviction Laws in Mississippi

The Mississippi landlord-tenant law does not seriously control the landlord and tenant relationship. This lack of serious regulation gives both sides a lot of leeway for abuse. Both landlords and tenants must ensure the lease clearly states the terms and conditions of renting the house.

The law does not cap the amount of security deposit a landlord can ask for, nor is it a requirement for you to get a receipt. However, the safest thing to do is ask for one.

The landlord must return your security deposit within 45 days of moving out of the premises. If the landlord keeps some of the deposit, they must send you written notice. This notice must itemize their claims against your deposit, such as:

Unpaid utility bills
Rent arrears
Damage that is beyond the normal wear and tears
Cleaning the unit

The landlord should give you a Section 21 notice that says you should vacate the unit within a certain period, after which they can go to court to get a possession order.

The landlord must give you a written three-day notice to evict you for rent nonpayment. The notice states that you must pay the rent immediately or vacate the unit. If you don't pay within the three days, the landlord has the right to file an eviction action in court and obtain an eviction order.

Some leases have clauses that make you waive your right to get a written eviction notice. If you sign the lease, the landlord can evict you without a court order.

Mississippi law allows a landlord to do a self-help eviction without a court order. However, the landlord should not breach the peace during such an eviction.

A landlord cannot evict you without a valid reason. If evicted for calling a house inspector, that is retaliatory eviction and is illegal.

If you receive an unconditional 14-day notice to quit, you have no option but to move within 14 days. If you do not move out, the landlord has the right to file an eviction lawsuit.

Reasons Why a Landlord Can Evict You

A landlord in Mississippi can evict you for:

Failure to pay your rent
Failing to maintain plumbing or electrical fixtures in a similar condition as you received them.
Intentionally damaging the unit
The landlord does not wish to renew the lease after it expires.
You commit illegal activities in your rental unit.
Not complying with other terms on the lease agreement

What Can You Do to Fight an Eviction in Mississippi?

If you receive an eviction notice, you can stop the eviction in several ways. If the eviction is due to rent payment, pay the unpaid rent and take a witness to the landlord while you hand over the cash. If the landlord refuses to take the rent money, keep it. Ask your witness to testify that you tried to pay the landlord and show the judge the said cash.

If you do not have the total rent, ask the landlord to accept partial payment and let you stay. Some landlords may not agree to let you stay but insist you have to vacate the premises still. The law allows them to do this unless you sign a written agreement to stay in the apartment for the partial rent paid. It's best to get all agreements in writing and have a witness to sign them.

Examine the reasons given for your eviction. The reasons must be on the Section 21 notice, which also indicates the moving out date, which should be two months from the date of the notice.

Contact your landlord and see if you can come to an amicable resolution. If not, you must attend court if you receive a summons. During the hearing, the judge will listen to both parties and decide.

If you fail to attend the court hearing, the judge may rule against you, and the landlord will evict you. You can try to fight the eviction, but it might be very frustrating, and you might end up losing.

What Does the Eviction Process Look Like in Mississippi?

A landlord cannot just throw you out on the sidewalk in Mississippi. They have to follow due process and wait until they get a writ to possess to evict you from the unit. The process includes:

Notice to Vacate: Before issuing this notice, the landlord must give you three days to vacate in writing and not file an eviction lawsuit. The federal CARE act requires the landlord to provide you with a 30-day notice if they are participants in some federal programs or the landlord has a mortgage backed by the federal government.
Filing of Eviction Lawsuit: This hearing happens ten days after the filing of the petition.

Judgment: When a court issues judgment, the landlord cannot take action for 5 days, which gives you time to appeal.

Appeal (Optional): If you file an appeal, the hearing cannot happen for at least eight days.

Writ of Possession: After the final judgment, the landlord can request the judge to issue a writ of possession. The constable posts a 24-hour notice before executing the writ and removing your property from the unit.

How to Fight an Eviction in Mississippi With the Help of DoNotPay

Fighting an eviction can be frustrating. DoNotPay is the first AI-powered robot lawyer that helps you navigate such problems easily.

DoNotPay is here to guide you through the eviction process and file disputes on your behalf. Our Landlord Protection product helps you:

Get your security deposit
Learn about and what protections apply to you
Resolve repair disputes with your landlord
Resolve roommates' disputes by filing a demand letter or suing in a small claims court.
Break your lease early

All you have to do is:

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
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.