How Long Does an Eviction Take? Your Guide to Evictions in Mississippi 2024

No one wants to be in the position of having to evict a tenant, but sometimes it's necessary. If you find yourself in this situation, it's important to know how long the eviction process takes so you can plan accordingly.

In Mississippi, the eviction process varies from county to county. However, there are general steps that all evictions follow. The first step is for the landlord to give the tenant a notice to vacate. This notice will state the reasons for the eviction and how much time the tenant has to leave the property.

Once the notice period has expired, if the tenant has not vacated the premises, the landlord can then file for an eviction with the justice court.

Notice for Termination With Cause

 The following is a list of grounds on which a landlord may evict a tenant, as well as the required notice period for each:

- Nonpayment of rent: 3 days

- Lease violation: 14 days

- Damage to property: 14 days

- Disorderly conduct: 14 days

- Illegal use of drugs: None

If the tenant does not comply with the notice to vacate, the landlord can then file for an eviction with the justice court. The court will set a hearing date, at which both parties will have an opportunity to present their case. If the judge rules in favor of the landlord, an eviction order will be issued.  The sheriff will then serve the eviction order on the tenant of the property.

Three-day notice to pay rent or quit

If the tenant owes rent, the landlord can give them a three-day notice to pay rent or quit. This notice must state how much rent is owed and that the tenant has three days to pay it or they will be evicted.

14-day notice to remedy or quit

If the tenant has violated their lease in some way, the landlord can give them a 14-day notice to remedy or quit. This notice must state what the violation is and how it can be remedied. The tenant then has 14 days to fix the problem or they will be evicted.

Unconditional 14-day notice to quit

If the tenant has damaged the property or caused a disturbance, the landlord can give them an unconditional 14-day notice to quit. This means that the tenant must vacate the premises within 14 days with no opportunity to remedy the situation.

No notice required.

If the tenant is using illegal drugs on the property, the landlord can evict them immediately with no notice required.

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Notice for Termination Without Cause

If the landlord does not have a valid reason for evicting the tenant, they can give the tenant a 30-day notice to vacate. This notice must state that the landlord is terminating the lease and that the tenant has 30 days to vacate the premises.

Once the eviction notice period has expired, if the tenant has not vacated the premises, the landlord can then file for an eviction with the justice court. The court will set a hearing date, at which both parties will have an opportunity to present their case. If the judge rules in favor of the landlord, an eviction order will be issued.

Month-to-Month Tenancy

If the tenant has a month-to-month lease, the landlord must give them 30 days notice to vacate the premises. This notice must state that the landlord is terminating the lease and that the tenant has 30 days to vacate the premises.

Fixed-Term Lease

If the tenant has a fixed-term lease, the landlord can only evict them for cause. This means that the landlord must have a valid reason for evicting the tenant, such as nonpayment of rent or violating the lease agreement. The landlord must give the tenant a 14-day notice to remedy or quit. This notice must state what the violation is and how it can be remedied. The tenant then has 14 days to fix the problem or they will be evicted.

Once the eviction notice period has expired, if the tenant has not vacated the premises, the landlord can then file for an eviction with the justice court. The court will set a hearing date.

Tenant Defenses to Eviction

There are a few defenses that a tenant can use if they are facing eviction. These defenses include:

- The landlord did not follow the proper eviction procedures.

- The landlord is retaliating against the tenant.

- The landlord is discriminating against the tenant.

- The lease agreement is illegal.

- The dwelling is unsafe or uninhabitable.

If the tenant believes that the eviction is not valid, they can raise one of these defenses at the eviction hearing. If the judge agrees with the tenant, the eviction may be overturned.

The eviction process in Mississippi can be complicated and time-consuming. It is important for landlords to familiarize themselves with state laws and procedures to ensure that the process goes as smoothly as possible.

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