How to Evict a Tenant in Mississippi
A landlord in Mississippi can evict a tenant when the tenant is in arrears for rent. Written notice must be given two months in advance in the case of an annual lease. When the lease is by half-year or quarter-year, the notice must be at least one month.
§ 89-7-23. Notice to terminate tenancy.
Notice to quit shall be necessary only where the term is not to expire at a fixed time. In all cases in which a notice is required to be given by the landlord or tenant to determine a tenancy, two (2) months' notice, in writing, shall be given where the holding is from year to year, and one (1) month's notice shall be given where the holding is by the half-year or quarter-year; and where the letting is by the month or by the week, one (1) week's notice, in writing, shall be given.
§ 89-7-25. Tenant holding after notice liable for double rent.
When a tenant, being lawfully notified by his landlord, shall fail or refuse to quit the demised premises and deliver up the same as required by the notice, or when a tenant shall give notice of his intention to quit the premises at a time specified, and shall not deliver up the premises at the time appointed, he shall, in either case, pay to the landlord double the rent which he should otherwise have paid; and double rent shall continue to be paid during all the time the tenant shall so continue in possession.
§ 89-7-27. Proceedings against tenant holding over.
A tenant or lessee at will or at sufferance, or for part of a year, or for one or more years, of any houses, lands, or tenements, and the assigns, under-tenants, or legal representatives of such tenant or lessee, may be removed from the premises by the judge of the county court, any justice of the peace of the county, or by the mayor or police justice of any city, town, or village where the premises, or some part thereof, are situated, in the following cases, to wit:
First. Where such tenant shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his term, without the permission of the landlord.
Second. After any default in the payment of the rent pursuant to the agreement under which such premises are held, and when satisfaction of the rent cannot be obtained by distress of goods, and three days' notice, in writing, requiring the payment of such rent or the possession of the premises, shall have been served by the person entitled to the rent on the person owing the same.
§ 89-7-41. Form of judgment for landlord.
If the decision be in favor of the landlord or other person claiming the possession of the premises, the magistrate shall issue his warrant to the sheriff, constable, or other officer, commanding him forthwith to put such landlord or other person into possession of the premises, and to levy the costs of the proceedings of the goods and chattels, lands and tenements, of the tenant or person in possession of the premises who shall have controverted the right of the landlord or other person.
Talk with an Attorney
If you need to evict a non-paying tenant, you may receive possession and costs through court proceedings. Also, you are due double rent where the tenant illegally holds over. Talk with an attorney to discuss your case.