Mississippi Residential Eviction Complaint / Affidavit (Justice or County Court)

MISSISSIPPI RESIDENTIAL EVICTION COMPLAINT / SWORN AFFIDAVIT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and Rental Agreement
4. Predicate Notice and Compliance
5. Count I — Possession (Nonpayment of Rent)
6. Count II — Possession (Material Noncompliance / Breach)
7. Count III — Possession (No-Cause / Holdover)
8. Count IV — Money Judgment for Rent and Fees
9. Federal Compliance — CARES Act, SCRA, Bankruptcy, FHA
10. Prayer for Relief
11. Verification / Affidavit of Plaintiff
12. Affidavit of Military Service (SCRA)
13. Exhibits Index
14. Mississippi Practice Notes
15. Sources and References

1. CAPTION

STATE OF MISSISSIPPI

[COUNTY NAME] COUNTY

IN THE [☐ JUSTICE / ☐ COUNTY] COURT — [PRECINCT NO. ____ (if Justice Court)]

CIVIL ACTION NO. [________________________________]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff. Plaintiff [LANDLORD NAME] is a [☐ natural person residing in / ☐ business entity organized under the laws of] [State], with a principal address at [________________________________]. Plaintiff is the owner / authorized agent of the residential rental property described in Section 3 below.

2.2 Defendant Tenant. Defendant [TENANT NAME] is the tenant in possession of the Premises pursuant to the Rental Agreement described in Section 3. Defendant's last known address is the Premises.

2.3 Other Occupants. All other persons claiming possession of or in possession of the Premises are also named as Defendants under Miss. Code Ann. § 89-8-35 (summons directed to "the person in possession of the identified premises or claiming possession thereof").

2.4 Subject-Matter Jurisdiction. This Court has jurisdiction over the residential eviction proceeding under Miss. Code Ann. § 89-8-31 (residential evictions). [Justice Court has civil jurisdiction concurrent with Circuit and County Courts in actions where the amount in controversy does not exceed $3,500 — Miss. Code Ann. § 11-9-101.]

2.5 Venue. Venue is proper in [COUNTY NAME] County because the Premises are located in this county. [Justice Court precinct: precinct number ____, the precinct in which the Premises are located.]

2.6 Personal Jurisdiction. Defendants are subject to the personal jurisdiction of this Court because each Defendant resides in or occupies real property situated within [COUNTY NAME] County, Mississippi.

3. THE PREMISES AND RENTAL AGREEMENT

3.1 Premises. This action concerns residential rental premises located at:

(the "Premises").

3.2 Rental Agreement. Defendant occupies the Premises under a [☐ written / ☐ oral] residential rental agreement (the "Rental Agreement") dated [__/__/____], a true and correct copy of which (if written) is attached hereto as Exhibit A.

3.3 Tenancy Type.

• ☐ Month-to-month periodic tenancy.
• ☐ Week-to-week periodic tenancy.
• ☐ Fixed-term lease ending [__/__/____].
• ☐ Holdover following expiration of fixed-term lease.

3.4 Rent. Periodic rent under the Rental Agreement is $[__________] payable [monthly / weekly], due on the [____] day of each [month / week].

3.5 RLTA Coverage. The tenancy is governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 to 89-8-45 (the "RLTA"). The tenancy is not within any RLTA exclusion under § 89-8-3.

3.6 Possession. Defendant currently occupies and refuses to surrender possession of the Premises.

4. PREDICATE NOTICE AND COMPLIANCE

4.1 Notice Served. Plaintiff served a written notice on Defendant on [__/__/____] (the "Notice"), a true and correct copy of which is attached hereto as Exhibit B.

4.2 Type of Notice (check one):

• ☐ Three (3) day Notice to Pay Rent or Quit under Miss. Code Ann. § 89-8-13(1).
• ☐ Fourteen (14) day Notice to Cure or Quit under § 89-8-13(1) — material noncompliance other than nonpayment.
• ☐ Fourteen (14) day Repeat-Violation Notice under § 89-8-13(2) — substantially same violation within 6 months.
• ☐ Thirty (30) day Notice of Termination of month-to-month tenancy under § 89-8-19.
• ☐ Seven (7) day Notice of Termination of week-to-week tenancy under § 89-8-19.
• ☐ No notice required under § 89-8-19 — substantial violation materially affecting health or safety.
• ☐ Thirty (30) day CARES Act notice to vacate under 15 U.S.C. § 9058 (covered property).
• ☐ Other: [____________]

4.3 Manner of Service of Notice.

• ☐ Personal delivery to Defendant.
• ☐ Substituted service on adult occupant, plus mailing.
• ☐ Posting and mailing.
• ☐ Email (Defendant agreed in writing to email service per § 89-8-13).
• ☐ Text message (Defendant agreed in writing to text service per § 89-8-13).
• ☐ Certified mail, tracking no. [____________].

Affidavit of service of the Notice is attached as Exhibit C.

4.4 Compliance Period Expired. The cure / vacate period stated in the Notice has expired without cure or surrender of possession.

4.5 Lawful Basis. This action is brought on a lawful, non-retaliatory, non-discriminatory basis. Plaintiff has not issued the Notice in retaliation for any federally protected activity by Defendant.

5. COUNT I — POSSESSION (NONPAYMENT OF RENT)

5.1 Plaintiff incorporates Sections 1–4 above.

5.2 Defendant has failed to pay rent and other lawful sums due under the Rental Agreement.

5.3 Itemization of Sums Due:

5.4 Plaintiff served the Three (3) Day Notice to Pay Rent or Quit on Defendant on [__/__/____]. Defendant has neither paid the sums due nor surrendered possession of the Premises.

5.5 Plaintiff is entitled under Miss. Code Ann. § 89-8-13(1) and § 89-8-31 to recover possession of the Premises.

6. COUNT II — POSSESSION (MATERIAL NONCOMPLIANCE / BREACH)

6.1 Plaintiff incorporates Sections 1–4 above.

6.2 Defendant has materially breached the Rental Agreement and/or violated the tenant duties imposed by Miss. Code Ann. § 89-8-25.

6.3 Description of Breach:
[________________________________]
[________________________________]
[________________________________]

6.4 Lease Provision(s) / Statute(s) Violated: [____________]

6.5 Plaintiff served the Fourteen (14) Day Notice to Cure or Quit on Defendant on [__/__/____]. The cure period expired on [__/__/____]. Defendant has neither cured the Breach nor surrendered possession.

6.6 Plaintiff is entitled under Miss. Code Ann. § 89-8-13(1) and § 89-8-31 to recover possession.

7. COUNT III — POSSESSION (NO-CAUSE / HOLDOVER)

7.1 Plaintiff incorporates Sections 1–4 above.

7.2 The tenancy was a periodic [month-to-month / week-to-week] tenancy under Miss. Code Ann. § 89-8-19.

7.3 Plaintiff served a [30-day / 7-day] Notice of Termination on Defendant on [__/__/____] specifying a Termination Date of [__/__/____]. The Termination Date has passed and Defendant has not surrendered possession.

7.4 [If holdover from fixed-term lease:] The Rental Agreement expired by its terms on [__/__/____]. Defendant has held over without lawful right.

7.5 Plaintiff is entitled under Miss. Code Ann. § 89-8-19 and § 89-8-31 to recover possession.

8. COUNT IV — MONEY JUDGMENT FOR RENT AND FEES

8.1 Plaintiff incorporates the foregoing.

8.2 Plaintiff is entitled to a money judgment against Defendant for:

8.3 [Justice Court limit: do not seek more than $3,500 in Justice Court. If amount exceeds the limit, file in County Court (where one exists) or seek possession only in Justice Court and reserve money claim for separate action.]

9. FEDERAL COMPLIANCE — CARES ACT, SCRA, BANKRUPTCY, FHA

9.1 CARES Act (15 U.S.C. § 9058). Plaintiff has determined that the Premises [☐ ARE / ☐ ARE NOT] a "covered dwelling" within the meaning of 15 U.S.C. § 9058. [If covered: A 30-day notice to vacate was served on [__/__/____], a copy of which is attached as Exhibit D.] [If not covered: The Premises are not subject to a federally backed mortgage loan, are not federally subsidized, and do not participate in any covered federal housing program; Plaintiff has reviewed the property's status.]

9.2 SCRA (50 U.S.C. § 3931 / § 3951). Plaintiff has executed a separate Affidavit of Military Service, attached as Exhibit E, regarding Defendant's military status.

9.3 Bankruptcy (11 U.S.C. § 362). Plaintiff has no knowledge of any pending bankruptcy proceeding involving Defendant. [If bankruptcy is pending, list case number, court, and date filed.]

9.4 Fair Housing Act (42 U.S.C. § 3604). This action is not brought on the basis of race, color, religion, national origin, sex, familial status, or disability. Plaintiff is mindful that Mississippi has no state fair-housing statute and that the federal FHA is the operative anti-discrimination authority.

9.5 VAWA (34 U.S.C. § 12491). [If federally subsidized property] Plaintiff has complied with VAWA requirements. This action is not brought on the basis of Defendant's status as a victim of domestic violence, dating violence, sexual assault, or stalking.

9.6 No state retaliation statute. Mississippi has not enacted an anti-retaliation statute for residential tenants. Plaintiff nonetheless certifies that this action is not in retaliation for any federally protected complaint or activity.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Issue a summons to Defendant pursuant to Miss. Code Ann. § 89-8-35 directing service between five (5) and twenty (20) days after filing;

B. Set a hearing date and, after hearing (or by default), enter judgment of possession of the Premises in favor of Plaintiff and against Defendant pursuant to Miss. Code Ann. §§ 89-8-31 and 89-8-39;

C. Order Defendant to vacate the Premises within seven (7) days of judgment, or such shorter or longer time as the Court finds justified by emergency or compelling circumstances under § 89-8-39;

D. On request and Plaintiff's payment of applicable fees, issue a warrant of removal directed to the Sheriff of [____________] County or any constable, commanding removal of all persons from the Premises and delivery of full possession to Plaintiff;

E. Enter a money judgment in the amount of $[__________] for past-due rent, late fees, damages, court costs, and (if authorized by the Rental Agreement) reasonable attorney's fees;

F. Award post-judgment interest at the statutory rate;

G. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION / AFFIDAVIT OF PLAINTIFF

STATE OF MISSISSIPPI

COUNTY OF [____________]

I, [LANDLORD / AGENT NAME], being first duly sworn, depose and state under oath:

1. I am the [Plaintiff / authorized agent of Plaintiff] in the foregoing action and have personal knowledge of the matters set forth herein.

2. The facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

3. The exhibits attached hereto are true and correct copies of the originals.

4. Defendant remains in possession of the Premises and has not surrendered possession or paid the sums due as alleged.

5. This action is brought in good faith and on a lawful, non-retaliatory, non-discriminatory basis.

SWORN TO AND SUBSCRIBED before me this [____] day of [__________], 20[____].

_________________________________
NOTARY PUBLIC

My commission expires: [__/__/____]

(SEAL)

12. AFFIDAVIT OF MILITARY SERVICE (SCRA)

STATE OF MISSISSIPPI

COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, depose and state under oath:

1. I am the [Plaintiff / counsel for Plaintiff / authorized agent] in the above-captioned action.

2. I have searched the Department of Defense Manpower Data Center (DMDC) Servicemembers Civil Relief Act database (https://scra.dmdc.osd.mil/scra/) for Defendant [TENANT NAME] using the following identifying information: [last name and date of birth or SSN, where available].

3. The DMDC search performed on [__/__/____] returned the following result (check one):

• ☐ Defendant IS NOT on active military duty as defined by 50 U.S.C. § 3911(2).
• ☐ Defendant IS on active military duty. (If so, additional SCRA protections apply; counsel must be appointed and proceedings may be stayed under 50 U.S.C. § 3931(b)(2).)
• ☐ Status could not be conclusively determined based on the information available.

4. A true and correct copy of the DMDC search result is attached.

SWORN TO AND SUBSCRIBED before me this [____] day of [__________], 20[____].

_________________________________
NOTARY PUBLIC

(SEAL)

13. EXHIBITS INDEX

14. MISSISSIPPI PRACTICE NOTES

Local forms. Many Mississippi counties (including Hinds, Harrison, Madison, Rankin, DeSoto, Lee) maintain pre-printed local Justice Court forms ("Remove Tenant Affidavit," "Affidavit for Eviction," etc.). Confirm with the Justice Court clerk whether the local form must be used in lieu of, or in addition to, this Complaint.

Service window. § 89-8-35 specifies summons service between FIVE (5) and TWENTY (20) days after filing. Service outside that window is subject to challenge. Confirm the constable or sheriff service date.

Hearing timing. Justice Court eviction hearings typically occur 10–20 days after filing. Some courts use a single-call docket; others schedule individual times. Confirm with the clerk.

Default judgments. SCRA affidavit MUST be filed before default. Many Justice Courts also require the predicate notice and proof of service to be re-shown at the default hearing. Bring the original notice and certified-mail receipts to court.

Tender-stops-warrant rule. Under § 89-8-39, in a possession judgment based SOLELY on nonpayment of rent, the court SHALL NOT issue the warrant of removal if the tenant pays in full all sums owed under the judgment on or before the court-ordered move-out date. The landlord owes a duty of good faith to accept tender. Mixed judgments (rent + breach) do not trigger this protection.

Appeal. A party aggrieved by Justice Court judgment may appeal to Circuit Court within ten (10) days of judgment by paying costs and posting bond. Trial de novo. Miss. Code Ann. § 11-51-85. Tenant appeals require posting cost-bond plus rent escrow in many courts; confirm local practice.

Justice Court civil limit. $3,500 (Miss. Code Ann. § 11-9-101). For larger money claims, file possession only in Justice Court and pursue money damages separately, OR file in County Court / Circuit Court if jurisdictionally appropriate.

Among the least tenant-protective regimes. Mississippi has no state fair-housing law, no codified retaliation protection, narrow habitability remedies, no rent-control authorization, and minimal procedural protections beyond the federal floor. Federal law does most of the protective work.

Disaster moratoriums. Federal disaster declarations and FEMA / HUD / USDA notices may suspend evictions in declared-disaster areas. Confirm current status.

Deferred-action / DACA / immigration status. Mississippi has no statute prohibiting eviction based on immigration status, but federal FHA protections against national-origin discrimination apply.

15. SOURCES AND REFERENCES

Mississippi Statutes:

• Miss. Code Ann. § 89-8-1 et seq. — Residential Landlord and Tenant Act.
• Miss. Code Ann. § 89-8-13 — 3-day rent / 14-day cure / repeat violation.
• Miss. Code Ann. § 89-8-19 — Periodic tenancy notice; no-notice exception.
• Miss. Code Ann. § 89-8-21 — Security deposit (45 days).
• Miss. Code Ann. § 89-8-23 — Landlord duties.
• Miss. Code Ann. § 89-8-25 — Tenant duties.
• Miss. Code Ann. § 89-8-31 — Residential affidavit/complaint.
• Miss. Code Ann. § 89-8-35 — Residential summons (5–20 days).
• Miss. Code Ann. § 89-8-39 — Warrant of removal; 7-day vacate; tender-stops-warrant.
• Miss. Code Ann. § 89-7-23 — General LL-T notice (pre-RLTA).
• Miss. Code Ann. § 89-7-25 — Double rent for willful holdover.
• Miss. Code Ann. § 11-9-101 — Justice Court civil jurisdiction.
• Miss. Code Ann. § 11-51-85 — Appeals from Justice Court.

Court Rules:

• Mississippi Rules of Justice Court (effective July 1, 2014, as amended).
• Mississippi Rules of Civil Procedure (County / Circuit Court).

Federal Law:

• 15 U.S.C. § 9058 — CARES Act 30-day notice (permanent).
• 24 C.F.R. Part 247 — HUD eviction (effective Jan. 13, 2025).
• 50 U.S.C. § 3931 — SCRA — affidavit of military service.
• 50 U.S.C. § 3951 — SCRA — eviction protection.
• 34 U.S.C. § 12491 — VAWA.
• 42 U.S.C. § 3604 — Fair Housing Act.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.
• 15 U.S.C. § 1692 et seq. — FDCPA (third-party debt collectors).

Authoritative Resources:

• Mississippi Legislature — http://www.legislature.ms.gov
• Mississippi Bar — Cur-RENT Law for Tenants and Landlords.
• Mississippi Administrative Office of Courts — https://courts.ms.gov
• Mississippi Attorney General — RLTA publication.
• DMDC SCRA database — https://scra.dmdc.osd.mil/scra/

END OF RESIDENTIAL EVICTION COMPLAINT — MISSISSIPPI