Eviction Notice Mississippi Without Lease
Description
How to fill out Mississippi Letter From Tenant To Landlord Containing Notice To Landlord To Cease Retaliatory Threats To Evict Or Retaliatory Eviction?
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FAQ
Some written leases make you waive your right to written notice. This means that by signing the lease you agree that the landlord doesn't have to give you a notice. Mississippi allows landlords to evict tenants by self-help without a court order by a judge.
In the state of Mississippi, if tenants holdover, or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
The landlord must give the tenant a three day notice, in writing, to evict for nonpayment of rent. The notice must state that the tenant must pay rent or vacate possession. If the tenant does not pay in three days, the landlord may file an eviction action in justice court and obtain an order of eviction.
Steps of the eviction process in Mississippi:Notice is posted to correct the issue/vacate.If uncured and tenant remains, the complaint is filed and served.Hearing is held and judgment issued.If granted, writ of execution is posted.Possession of property is returned to landlord.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
