Mississippi Unpaid Rent: Three-Day Notice and Eviction Next Steps
If a Mississippi residential tenant materially fails to pay rent required by the agreement, the landlord may give a notice stating that the agreement will terminate unless the rent is paid within three days. The signed agreement, amount owed, and how notice is given matter before filing.
- Section 89-8-13(5)(a) provides a three-day payment opportunity before termination for material nonpayment.
- Mississippi defines rent to include late fees required by the rental agreement; disputed charges need review.
- Email or text notice requires the tenant's prior written agreement to that delivery method.
Built around the requirements of Miss. Code § 89-8-13(5)(a).
What amount belongs in the Mississippi notice?
Use the rent owed under the signed agreement after payments and credits. Mississippi's statutory rent definition includes lease-required late fees, but a disputed or unclear fee should be reviewed before it is demanded as rent.
How is the three-day period counted?
Mississippi Justice Court Rule 13 excludes the day of the triggering event and excludes intervening Saturdays, Sundays, and legal holidays for periods shorter than seven days. A courthouse closure may extend the last day, so confirm the local filing date.
What happens if payment is not made?
If the notice remains unremedied and no special protection applies, the landlord may seek possession through the residential eviction process. The complaint or affidavit must attach the applicable notice; an official court form is available from the Mississippi Judicial College.
Common mistakes to avoid
Mississippi legal authority
Legal information reviewed October 4, 2026.
Frequently asked questions
Does a Mississippi landlord need to give a payment notice?
For material nonpayment under Miss. Code § 89-8-13(5)(a), the landlord may deliver a notice stating that the agreement terminates if the rent is not paid within three days.
Can a Mississippi landlord include late fees?
The statutory definition of rent includes late fees required by the rental agreement. The amount still depends on the signed agreement and actual ledger.
Can the landlord file as soon as the notice is sent?
No. The statutory period must run from the legally relevant delivery, and Mississippi Justice Court Rule 13 affects short-period counting.
Need to prepare the Mississippi notice?
Use the guided LandlordAnswers workflow. It applies the state-specific rules, collects only the facts that affect the result, and keeps document generation inside the browser.
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