Process of Eviction in Mississippi:- Tenant rights are the legal protections that Mississippi renters have in regard to their rental property. Renters are likewise shielded by these rights during the eviction procedure. Renters and tenants can prevent or delay an eviction by being aware of their legal rights as tenants, which are defined by state law.
The fundamentals of Mississippi landlord-tenant law and the protections it affords tenants are covered in this article. Renters in Mississippi who are overdue on their rent, facing eviction, or whose lease is about to end will find this article helpful.
What is known as Eviction?
The official legal procedure that landlords must follow in order to kick out a tenant from a rented property is called eviction. A written notice of eviction, an eviction lawsuit, and a court decision authorising the eviction’s progress are typically involved in an eviction.
Landlords need a court order in many other states before they can evict a tenant from their rented property. Self-help eviction, unlawful eviction, or illegal lockout are terms used to describe evicting a renter without a court order.
Turning off the utilities or changing the locks are examples of self-help eviction. Self-help eviction is not permitted in Mississippi unless the landlord has this authority expressly granted in the contract. When conducting a self-help eviction, the landlord is not allowed to disturb the tranquilly. This could entail breaking into the building, committing violent acts, or making violent threats.
A landlord in Mississippi may evict a tenant for any reason or for no reason at all. When a tenant is being evicted by a landlord for a reason other than noncompliance with the terms of the lease, it is known as an eviction with cause. When a landlord wishes to kick out a tenant because they just don’t want them on the property any longer, this is known as an eviction without cause.
Steps involved in the Mississippi eviction procedure:
- Landlord gives written notice to renter.
- In the event that the complaint is not settled, the landlord files it with the court.
- The court hears cases and renders decisions.
- An execution warrant is issued.
- The landlord regains possession of the property.
Each process of eviction is unique. Depending on the lease or rental agreement that the landlord and tenant have signed.
Depending on the cause and the court the eviction is held in, evicting a renter in Mississippi might take anywhere from two to eight weeks.
In Mississippi, who is subject to eviction? (Process of Eviction in Mississippi)
There needs to be a landlord-tenant connection in order for the eviction procedure to be applicable. When a renter and landlord agree to trade rent for access to a rented property, a landlord-tenant relationship is established. When a tenant and landlord sign a written lease agreement, also known as a rental agreement, a landlord-tenant relationship is often established. Tenancies can also be formed verbally, though documented lease agreements are more typical. Typically, these are handled like month-to-month leases.
Even if they are not signatories to the lease, Mississippi allows for the eviction of cohabiting individuals.
Mississippi reasons for an Eviction:-
It is illegal for a landlord to remove a tenant in Mississippi without good reason. Not paying rent on time, staying over the end of the lease, breaking the terms of the lease, and repeatedly breaking the terms of the lease are all legal reasons for eviction. Nevertheless, giving due notice before terminating the lease is required.
1. Failure to pay rent
The Mississippi eviction procedure typically begins with the rent being deemed past due by one day. If specified in the contractual agreement or lease, a grace period might be provided.
A landlord in Mississippi must provide a tenant with an official written 3-Day Notice to Pay document prior to initiating the eviction procedure.
It’s imperative that the notice was delivered correctly.
The eviction process stops if the renter is able to pay the outstanding rent within those three days. The landlord retains the right to keep filing for eviction if the renter is unable to pay the rent.
2. Eviction for Non-Lease or Lease Termination
A tenant in Mississippi who does not have a lease or whose lease has expired (referred to as a “holdover tenant” or “tenant at will”) may be evicted by their landlord. In order to accomplish this, the landlord must first give the renter appropriate notice to vacate (30 calendar days for month-to-month tenants).
The landlord may proceed and file an eviction case if the tenant does not vacate by the conclusion of the notice period.
3. Lease violations could consist of:
- harm done to the asset
- Smoking within no-smoking zones
- Pet ownership in pet-free homes, etc.
- acting illegally on the property or in close proximity to it
The landlord must proceed with the eviction procedure if the lease violations are not settled or if the tenant stays on the property throughout that period of time.
4. Violation of material health or safety
Mississippi law considers building, safety, health, and housing requirements. In the event that a renter breaches any of these rules, the landlord is not legally compelled to provide written notice or to offer the tenant an opportunity to resolve the issue.
Infractions under this might consist of:
- Long stretches of time without trash removal invite rats and/or bugs.
- causing harm to a unit’s electrical wiring
- damaging a unit’s plumbing fixtures
- For this infraction, you can forego the notice procedures.
Unlawful Eviction in Mississippi:-
In Mississippi, a landlord’s behaviour may render an eviction unlawful.
In contrast to most other states, Mississippi allows landlords to use specific self-help measures to evict a tenant against their will when their lease expires. Nonetheless, a clause giving the landlord the authority to evict the tenant and retake ownership of the property must be included in the lease. Self-care techniques consist of:
- Turning off services.
- Reduction in services.
- Requesting a rent hike.
- Removing items belonging to tenants.
Furthermore, the renter cannot be the target of these measures if they use their legal rights under state law. A self-help eviction is prohibited by law if the lease does not include a clause giving the landlord this authority, and the tenant can only be officially evicted with a court order obtained through the official eviction procedure.
Evictions in Retaliation
When a tenant exercises a privilege that is legally protected, a landlord cannot legally remove them from their property. Although Mississippi law does not provide any legally protected rights, the majority of states label the following acts as forms of retaliation:
- bringing up habitability concerns with the landlord or any other law enforcement agency.
- submitting a grievance to a governing body.
- becoming a member of a tenant union or other group.
Mississippi Court Fees for Evictions
Depending greatly on the court the eviction is filed in, the entire cost of an eviction in Mississippi might include all filing, court, and service fees. The average cost for Justice Court proceedings (claims under $3,500) is $245. The average cost for County Court cases (claims exceeding $3,500) is $287.