NOTICE OF LEASE TERMINATION

AND DEMAND FOR POSSESSION

(Mississippi—Residential Tenancy)

[// GUIDANCE: This template is drafted to comply with the Mississippi Residential Landlord-Tenant Act and Chapter 7 “Summary Ejectment” procedures. It is designed for residential tenancies only; adapt for commercial use.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties.
   1.1 Landlord: [LEGAL NAME OF LANDLORD], a [STATE] [ENTITY TYPE] having a principal address at [ADDRESS] (“Landlord”).
   1.2 Tenant: [LEGAL NAME OF TENANT], currently residing at the Leased Premises defined below (“Tenant”).

2. Leased Premises. The residential dwelling located at [FULL STREET ADDRESS, CITY, MS ZIP] (the “Leased Premises”).

3. Governing Instrument. Residential Lease Agreement dated [LEASE DATE] between Landlord and Tenant (the “Rental Agreement”).

4. Effective Date of Notice. [DATE NOTICE IS SERVED] (“Effective Date”).

5. Governing Law & Venue. This Notice is governed by the laws of the State of Mississippi. Any legal action for possession shall be filed in the [NAME OF COUNTY] County Court/Housing Court (the “Housing Court”).

II. DEFINITIONS

For purposes of this Notice, the following terms have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned in the Rental Agreement.

“Affected Default” means the specific Lease violation identified in Section III below.
“Cure Period” has the meaning assigned in Section III.
“Notice Period” means the statutory period between service of this Notice and the earliest date on which Landlord may file an eviction action, as further specified in Section III.
“Service” or “Serve” means delivery of this Notice in any manner permitted under Mississippi law (see Section III.6).

III. OPERATIVE PROVISIONS

1. Basis for Lease Termination.
   [X] Non-Payment of Rent—Tenant has failed to pay rent in the total amount of $[SUM] due on [DUE DATE].
   [ ] Other Material Non-Compliance—Tenant has materially breached Section [__] of the Rental Agreement by [DESCRIPTION OF BREACH].
   [ ] Holdover—Tenant remains in possession after lawful termination/expiration of the Rental Agreement on [DATE].

2. Statutory Notice & Cure Periods.
   a. Non-Payment of Rent. Tenant must tender the full outstanding rent within three (3) calendar days after Service of this Notice (“Cure Period”) or surrender possession.
   b. Other Material Non-Compliance. Tenant must remedy the Affected Default within fourteen (14) calendar days after Service, failing which the Rental Agreement will terminate thirty (30) calendar days after Service.
   c. Holdover. Tenant must vacate within three (3) calendar days after Service (no statutory cure).

[// GUIDANCE: The above periods reflect Miss. Code Ann. § 89-8-13 default timeframes. Modify only with equal or greater Tenant protections.]

3. Demand for Possession. If Tenant fails to cure or vacate within the applicable Notice Period, Landlord will file an action for summary ejectment and seek all permissible relief, including rent, late fees, court costs, and reasonable attorneys’ fees.

4. Continuing Obligations. Tenant’s payment of rent, acceptance of partial rent, or Landlord’s silence shall not constitute waiver of any rights unless in a signed writing per Section IX.2.

5. Mitigation of Damages. Landlord will make commercially reasonable efforts to re-let the Leased Premises if Tenant vacates before lease expiration.

6. Service Requirements. This Notice shall be deemed served upon the earliest of:
   a. Personal delivery to Tenant;
   b. Posting on the main entrance of the Leased Premises and mailing via first-class mail; or
   c. Certified mail, return receipt requested, to Tenant’s last known address.

[// GUIDANCE: Methods conform with Miss. Code Ann. Title 89 Ch. 7 and Mississippi R. Civ. P. 4 for constructive notice.]

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Authority. Landlord represents that it is the lawful owner/agent of the Leased Premises and is authorized to issue this Notice.
2. Regulatory Compliance. Landlord warrants that (i) all prerequisite inspections and registrations, if any, are current; and (ii) Landlord has not discriminated against Tenant in violation of applicable fair-housing laws.
3. No Prior Waiver. Landlord has not previously waived the Affected Default, and any prior indulgence is hereby revoked. These warranties survive the Cure Period.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant to Vacate or Cure. Tenant covenants either to (i) fully cure the Affected Default within the Cure Period, or (ii) peaceably surrender the Leased Premises by 11:59 p.m. local time on the last day of the Notice Period.
2. Landlord Covenant to Accept Cure. Provided Tenant cures in good faith within the Cure Period, Landlord will refrain from filing for eviction on the cured breach.

VI. DEFAULT & REMEDIES

1. Events of Default. Tenant’s failure to cure or to vacate within the Notice Period constitutes an “Event of Default.”
2. Remedies. Upon an Event of Default, Landlord may, cumulatively or in the alternative:
   a. File an action for summary ejectment in Housing Court;
   b. Recover past-due rent, late fees, utilities, and other charges contractual or statutory;
   c. Seek reasonable attorneys’ fees and costs as permitted by law;
   d. Pursue any other remedies available at law or in equity.
3. Acceleration. All remaining rent under the Rental Agreement shall accelerate and become immediately due upon entry of judgment for possession.
4. Attorney Fee Provision. If Landlord prevails, Tenant shall pay Landlord’s reasonable attorneys’ fees and court costs. If Tenant prevails, Landlord shall reciprocally pay Tenant’s reasonable attorneys’ fees.

VII. RISK ALLOCATION

[// GUIDANCE: Metadata indicates indemnification and liability caps are “not applicable”; accordingly, this section remains intentionally minimal.]

1. Damage to Premises Post-Vacatur. Tenant remains liable for any physical damage caused beyond ordinary wear and tear identified during the post-move-out inspection.
2. Force Majeure. Neither party is liable for delay or failure in performance caused by events beyond its reasonable control; however, force majeure does not excuse payment of money owed.

VIII. DISPUTE RESOLUTION

1. Governing Law. Mississippi law governs all disputes arising from or related to this Notice and the Rental Agreement.
2. Forum Selection. Exclusive venue lies in the [NAME OF COUNTY] County Court/Housing Court.
3. Arbitration. Arbitration is not available for eviction proceedings under Mississippi law.
4. Jury Trial. The right to jury trial is preserved as provided by the Mississippi Constitution and applicable statutes.
5. Injunctive Relief. Nothing herein limits Landlord’s right to seek injunctive or declaratory relief, including writs of possession.

IX. GENERAL PROVISIONS

1. Entire Notice. This Notice constitutes the entire communication regarding the Affected Default and supersedes all prior oral or written notices on the same subject.
2. Amendment & Waiver. Any amendment or waiver of this Notice must be in a writing signed by both parties.
3. Severability. If any provision is held invalid, the remaining provisions remain enforceable.
4. Delivery of Additional Notices. All future notices shall be delivered in accordance with Section III.6 unless the Rental Agreement provides stricter requirements.
5. Electronic Copies. A PDF or other electronically reproduced copy of this executed Notice is deemed an original for all purposes.

X. EXECUTION BLOCK

Executed as of the Effective Date.

[// GUIDANCE:
1. Mississippi does not require notarization of eviction notices; notarize only if desired for evidentiary weight.
2. Tenant signature is not legally required to make this Notice effective; include it if you want written acknowledgment.]