Mississippi Eviction Law

Note: I am not a lawyer, and this does not constitute legal advice.

What circumstances qualify a legal cause for an eviction?

The following common reasons for eviction apply in most states, including Mississippi:

• Failure to pay rent when due.  However, if the landlord has been in the habit of accepting late rent, the court will find that the date when payment was due shifted to when the tenant usually pays.
• Breaching the lease.  When the tenant substantially violates a term of the lease, he may be liable for eviction; especially if the lease specifically states eviction as the consequence of breaching that particular term.  This would include damaging the property.
• Failure to leave.  Perhaps most obviously, a tenant may be evicted for failing to leave the premises after the lease has expired or been terminated.

How does the eviction process work?

First, the landlord must terminate the tenancy by giving the tenant notice to leave.  When the eviction is for failing to pay rent, the landlord must give the tenant at least three days notice to pay up or leave the property.  In all cases, the notice period is at least 30 days.  If the landlord notifies the tenant to leave properly, and the tenant refuses to do so, he may then begin an eviction proceeding. This is done by filing a complaint called an "Unlawful entry and detainer" suit with the local county court.

The court will then require both parties to be present at the next term of the court, usually within 10 days.  If the tenant fails to appear, the court may decide in favor of the landlord by default, so it is very important that he make it to the hearing.  After this hearing, judgment will be made, and the tenant may be ordered to leave and pay damages to the landlord.

However, if the tenant still refuses to leave, the landlord will be entitled to receive a "writ of possession" from the court.  This will allow him to request the local sheriff to forcibly remove the tenant if he remains contumacious.  The amount of time the defendant will be given to move before being forced to varies, but the court will generally allow no more than 30 days.  

FAQ

If the cause for eviction can be resolved by making repairs or paying damages is the landlord required to give the tenant a certain period of time to fix the problem?

If the tenant can pay all back rent and fix all of the problems the landlord has before the court makes judgment, he may not be evicted.  He could still try to do this after the eviction judgment has been entered, and it would be landlord's option whether to accept payment or not.

Can a landlord evict a tenant for having a pet?

Yes, if it is against the terms of the lease.  He will have to prove that it is a significant breach of the lease in order to win with the court, however.

What happens after a tenant contests and wins and eviction case in court?

He will be permitted to remain on the premises for the remainder of the original, un-shortened, lease term.  

Can a tenant be evicted if the landlord wants to use the unit himself?

No.  A tenant cannot be evicted before the end of the lease except for good reason or those listed above.  The landlord must wait until the end of the lease term, not renew it, and then appropriate the property to his own purposes.

Is it legal for a landlord to demand unpaid rent for the remainder of the lease term?

He may do so through the courts, which may award it to him.  He is not entitled to seek it from the tenant himself, but rather the court must order the tenant to pay.

Resources

Landlord Tenant Law in Mississippi