Mississippi: Month-to-Month Tenancy Termination Notice Requirements
The short answer
In Mississippi, either the landlord or the tenant may end a month-to-month tenancy with at least 30 days' written notice before the termination date (Miss. Code § 89-8-19(3)). The clock is the same for both sides and no reason is required; a week-to-week tenancy takes 7 days. The termination date can fall on any day at least 30 days out — it is not tied to a rent-period boundary — and Mississippi has no statewide just-cause law.
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This is the general rule in Mississippi. Ezel applies current Mississippi law to your specific facts and answers with citations to the statutes.
| Governing law | Miss. Code § 89-8-19, the periodic-tenancy termination section of the Mississippi Residential Landlord and Tenant Act (§§ 89-8-1 et seq.). It applies to residential rental agreements (§ 89-8-3). Where the agreement fixes no definite term, the tenancy is week-to-week for a weekly-rent tenant and month-to-month in all other cases (§ 89-8-19(1)). Mississippi has no statewide just-cause law. This cell states the state-law floor. (Section 89-8-19 was left unchanged by the 2025 amendments to the Act.) |
|---|---|
| Landlord's notice period | At least 30 days for a month-to-month tenancy. 'The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date' (§ 89-8-19(3)). A week-to-week tenancy takes at least 7 days (§ 89-8-19(2)). No reason is required. (Notice is not required at all where a party has committed a substantial violation of the lease or the Act that materially affects health or safety — a cause exception, § 89-8-19(4).) |
| Tenant's notice period | The same 30 days — the clock is symmetric. Section 89-8-19(3) names 'the landlord or the tenant' interchangeably, so a tenant ends a month-to-month tenancy on the same 30 days' written notice a landlord must give (7 days for week-to-week, § 89-8-19(2)). Neither side owes more than the other |
| When termination takes effect | Counted back from the termination date, and free-floating — the end date is any date at least 30 days out, not tied to a rent-period boundary. The 30 days run 'prior to the termination date' (§ 89-8-19(3)). So pick an end date and make sure the written notice reaches the other side at least 30 days before it; Mississippi does not require the date to be the first or last of a rental month |
| Form and required contents | Written notice is mandatory — § 89-8-19(2)-(3) require 'a written notice' / 'written notice' for each periodic tenancy, so an oral notice does not terminate it. The statute prescribes no particular contents beyond writing and the intended termination date, and no stated reason for a no-cause termination. One carve-out: no termination notice is required where the other party 'has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety' (§ 89-8-19(4)) |
| How notice must be delivered | The statute requires only a 'written notice given to the other' (§ 89-8-19(2)-(3)) and prescribes no particular method or manner of service for a no-fault periodic-tenancy notice; delivery follows the lease and general law. Because the 30 days run before the termination date, use a method that proves delivery and its date — personal delivery or certified mail — so the timing can be shown |
| What the lease can change | The 30-day and 7-day periods are minimums — the statute requires 'at least' that much notice (§ 89-8-19(2)-(3)) — so a lease may require longer notice but not less than the statutory floor, and the Act provides no shorter alternative. The statute does not itself set a mechanism to shorten or waive the period, so the floor stands |
| Just-cause limits | No statewide just-cause law. A timely, properly given 30-day notice ends the tenancy for any reason or none (subject to federal and state fair-housing law). Ending the tenancy on paper does not remove the tenant: if the tenant fails to vacate, the landlord commences an eviction proceeding — Section 89-8-31(b) authorizes eviction 'for failing to vacate after the termination or expiration of the rental agreement pursuant to Sections 89-8-17 and 89-8-19.' The remedy is a court eviction, not a self-help lockout. Some cities may add local requirements |
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Requirements one by one
Governing law
Mississippi's rule is one short section of the Mississippi Residential Landlord and
Tenant Act: Miss. Code § 89-8-19. Where a rental agreement fixes no definite term, the
tenancy is week-to-week for a tenant who pays weekly rent and month-to-month "in all
other cases" (§ 89-8-19(1)). Mississippi has no statewide just-cause requirement, so for
an ordinary month-to-month tenancy the whole question is the clock and getting the
written notice delivered on time.
Landlord's and tenant's notice period
The period is 30 days and it is the same for both sides. "The landlord or the tenant may
terminate a month-to-month tenancy by a written notice given to the other at least
thirty (30) days prior to the termination date" (§ 89-8-19(3)). Because the statute names
"the landlord or the tenant" interchangeably, the two clocks are symmetric — neither owes
more than the other. A shorter, week-to-week tenancy takes at least 7 days
(§ 89-8-19(2)). No reason has to be given for a no-cause termination.
When termination takes effect
Mississippi counts back from the termination date, and lets that date float. The 30 days
run "prior to the termination date" (§ 89-8-19(3)), so you pick an end date and make sure
the written notice is given to the other side at least 30 days before it. The date does
not have to be the first or last of the month, and it does not have to line up with a
rent-paying date.
Form and required contents
The notice must be in writing — § 89-8-19 requires "a written notice" for both
week-to-week and month-to-month terminations, so telling the other side verbally does not
end the tenancy. The statute prescribes no other required language for a no-cause notice
beyond writing and the intended termination date. One important carve-out cuts the other
way: no termination notice is required at all "when the landlord or tenant has committed
a substantial violation of the rental agreement or this chapter that materially affects
health or safety" (§ 89-8-19(4)) — but that is a fault-based situation outside the no-fault
notice this page covers.
How notice must be delivered
The statute requires only a "written notice given to the other" (§ 89-8-19(2)-(3)) — it
does not prescribe any particular method or manner of service for a no-fault
periodic-tenancy notice. Delivery therefore follows the lease and general law. Because
the 30 days are measured before the termination date, the practical advice is to use a
method that proves both delivery and its date — hand delivery with a witness, or
certified mail with a return receipt.
What the lease can change
The statutory periods are minimums: the section requires "at least" 30 days (or 7 for
week-to-week). A lease may require a longer notice, but it cannot cut the period below
the statutory floor, and the Act offers no shorter alternative. The section sets no
mechanism to shorten or waive the period, so the 30-day floor stands.
Just-cause limits
Mississippi has no statewide just-cause law. A timely, properly given 30-day notice ends
the tenancy for any reason or none — the landlord does not have to justify it, subject to
federal and state fair-housing law. Ending the tenancy on paper is not the same as
removing the tenant. If the tenant does not leave, the landlord commences an eviction
proceeding: § 89-8-31(b) authorizes eviction "for failing to vacate after the termination
or expiration of the rental agreement pursuant to Sections 89-8-17 and 89-8-19." The
remedy is a court eviction, not a self-help lockout.
What trips people up
Count back from the termination date you name. The 30 days run "prior to the
termination date" (§ 89-8-19(3)). Choose the move-out date first, then make sure the
written notice is given at least 30 days earlier.
It must be in writing. Section 89-8-19 requires "a written notice" for every periodic
tenancy. Telling the other side verbally — even clearly — does not terminate a
month-to-month tenancy.
The statute does not say how to serve it, so prove delivery yourself. Mississippi
prescribes no service method for this notice. Use hand delivery with a witness or
certified mail so you can later show the notice was given at least 30 days out.
A notice ends the tenancy; a court removes the tenant. If the tenant does not leave,
the landlord's remedy is an eviction proceeding under § 89-8-31(b) — not a self-help
lockout or utility shutoff.
Common questions
I'm month-to-month and want to move out. How much notice? At least 30 days' written
notice before the termination date you name (§ 89-8-19(3)) — the same period a landlord
must give. Week-to-week is 7 days.
Does the tenancy have to end on the first of the month? No. Mississippi ties the 30
days to the termination date named in the notice, not to a rent date (§ 89-8-19(3)); any
end date at least 30 days out works.
Can my landlord end my tenancy without a reason? Yes. Mississippi has no statewide
just-cause law, so a proper 30-day written notice needs no reason. The landlord still
must go to court to remove you if you stay.
What happens if I stay past the notice date? The landlord can bring an eviction
proceeding for failing to vacate after the termination of the tenancy (§ 89-8-31(b)); the
court, not the landlord, orders you out.
Statutes and sources
- Miss. Code § 89-8-19 — termination of a periodic tenancy: week-to-week and
month-to-month default classification (1), 7 days' written notice for week-to-week (2),
30 days' written notice for month-to-month before the termination date (3), and a
no-notice carve-out for a substantial health/safety violation (4).
http://billstatus.ls.state.ms.us/documents/2024/pdf/HB/1500-1599/HB1580IN.pdf (accessed 2026-07-15) - Miss. Code § 89-8-31 — grounds to commence eviction: for breach under § 89-8-13, or for
failing to vacate after termination or expiration of the tenancy under §§ 89-8-17 and
89-8-19 (from the enacted 2025 SB 2328 enrolled text).
http://billstatus.ls.state.ms.us/documents/2025/pdf/SB/2300-2399/SB2328SG.pdf (accessed 2026-07-15)
Source links
Every statute quoted above, linked, with the date we checked it.
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