Eviction Process in Mississippi
If you are being evicted in the state of Mississippi, you may not know how to proceed. Learning about the eviction process in Mississippi can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Mississippi and how long each step will take.
Your landlord must begin the eviction process in Mississippi by giving you an eviction notice that details the reason for the eviction and gives you a way to remedy the issue.
If you have failed to pay rent, your landlord only needs to give you a three-day notice before beginning the eviction process in Mississippi courts. However, if you have breached your lease, even by causing damage to your home, your landlord must give you a full thirty days of notice.
Your landlord also must advise you how to cure the breach. For non-payment of rent evictions, this will mean that you have to pay the rent and all reasonable late charges within three days. If you have breached your lease in some other way, your landlord can give you a way to stay in your home. For instance, if you have kept an unauthorized pet on the premises, your landlord may tell you that as long as the pet is re-homed within 30 days or an additional damage deposit is paid, you may continue your tenancy.
Court Filings and Hearings
If you do not respond within the time period on the notice and cure the breaches to your lease, your landlord can continue the eviction process in Mississippi by filing a complaint with the district court clerk.
After your landlord files the complaint, you will be served with a copy of both the complaint, which tells the reason you are being evicted, and a summons that tells you when your court hearing will be held.
You are not required to attend the court hearing, but if you do not appear in court, your landlord will automatically win and the eviction process in Mississippi will continue. If your landlord has breached your lease, didn't give you the legally required notice before filing for eviction, or is discriminating against you, you may be able to fight the eviction in court. Talk to a lawyer who understands the eviction process in Mississippi for more information about your legal options.
Writ of Restitution
If you lose at your hearing or fail to appear, the judge will issue a writ of restitution. The writ allows the sheriff to remove you physically from the premises if you fail to vacate within the time period specified in the writ.
You will be served with a copy of the writ, or it will be posted on your property. After the time period on the writ has elapsed, you may be forcibly removed. Your landlord is never allowed to forcibly remove you from your property, or to change your locks or shut down your utilities on their own. If this happens, you may be entitled to damages in a Mississippi small claims court.