Breaking down the eviction process in Mississippi

HATTIESBURG, Miss. (WDAM) – The cost of living is rising across the country and right here in the Pine Belt.

An unfortunate reality of the high cost is eviction notices.

“Either non-payment of rent or the landlord feels the tenant has created some non-compliance with the lease term,” said Sam Buchanan, executive director of the Mississippi Center For Legal Services’ Hattiesburg office.

Under Mississippi Code 89-8-33, the eviction process must begin with proper notice.

This can be either a three-day notice for non-payment of rent or a 14-day notice for a lease violation.

For month-to-month leases, landlords have the right to evict tenants for any reason, so long as a proper 30-day notice is given.

“Before you sign your lease, fully understand what are your obligations and what are the obligations of your particular landlord,” Buchanan said.

Under Mississippi Code 89-8-13, both tenants and landlords, in the case of lease violations, can terminate the lease if the issue isn’t corrected within 14 days of notification.

Buchanan said in the case of non-payment of rent, tenants are encouraged to make any past-due payments or leave within the three days, but cannot be forced to vacate the premises.

In this instance, the landlord can take the eviction to court.

“The landlord, from that point, should file an action in the local justice court, alleging that the tenant does not pay rent,” Buchanan said. “Therefore, the tenant should be evicted or pay the past due obligation.”

Tenants are within their rights to appeal the eviction before a decision is made by a judge, but Buchanan said they should be prepared if it’s approved.

“If the issue is not resolved in the tenant’s favor and the judgement is issued to the landlord, the court generally allows the tenant seven days to remove themselves from the premises,” Buchanan said.

Under Mississippi Code 89-8-35, if tenants do not move out by the end of this period, the landlord can have them forcibly removed by law enforcement.

Tenants have 72 hours to collect their belongings after moving out, or the landlord can move those items out of the unit.

Lt. Myranda Estudiante, with the Hattiesburg Salvation Army, said if you’re in need of help with rent or other needs, they can help point you in the right direction.

“This can be the first stop for a lot of people to know where to go, who to talk to, which direction to really take,” said Estudiante. “So, we really encourage people to just come and talk to our social worker.”

For more information regarding services provided by the Center For Legal Services, click HERE.

To learn more about the Salvation Army housing assistance services, click HERE.

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