Mississippi Notice to Cure or Quit (14-Day Material Noncompliance)

MISSISSIPPI NOTICE TO CURE OR QUIT — RESIDENTIAL TENANCY

TABLE OF CONTENTS

1. Heading and Recipient Information
2. Statement of Tenancy
3. Description of the Breach
4. Demand for Cure or Termination
5. Statutory Basis
6. Variant Forms — Repeat Violation and No-Notice Health/Safety
7. Federal Protections — CARES Act, SCRA, VAWA, FHA
8. Tenant's Right to Inspect / Respond
9. Consequences of Failure to Cure or Vacate
10. Reservation of Rights
11. Landlord Signature
12. Proof of Service / Affidavit of Delivery
13. Mississippi Practice Notes
14. Sources and References

1. HEADING AND RECIPIENT INFORMATION

FOURTEEN (14) DAY NOTICE TO CURE OR QUIT — RESIDENTIAL

(Issued under Miss. Code Ann. § 89-8-13(1))

Date of Notice: [__/__/____]

TO: [TENANT FULL LEGAL NAME]

AND TO: [ALL OTHER OCCUPANTS / CO-TENANTS]

Tenant Mailing Address: [________________________________]

Premises Address (the "Premises"):
[STREET ADDRESS]
[CITY], MISSISSIPPI [ZIP]
[COUNTY] County
Unit/Apartment No.: [____]

2. STATEMENT OF TENANCY

You are the tenant in possession of the Premises identified above under a [☐ written / ☐ oral] residential rental agreement dated [__/__/____] (the "Rental Agreement") between [LANDLORD NAME] and [TENANT NAME(S)]. The Rental Agreement creates a tenancy governed by the Mississippi Residential Landlord and Tenant Act (the "RLTA"), Miss. Code Ann. §§ 89-8-1 to 89-8-45.

Periodic rent: $[__________] payable [monthly / weekly], due on the [____] day.

3. DESCRIPTION OF THE BREACH

You are in material noncompliance with the Rental Agreement and/or with the obligations imposed on tenants under Miss. Code Ann. § 89-8-25, by reason of the acts or omissions described below (the "Breach").

Nature of Breach (check all that apply):

• ☐ Unauthorized occupants: [____________]
• ☐ Unauthorized pets: [____________]
• ☐ Material damage to the Premises beyond ordinary wear and tear: [____________]
• ☐ Failure to maintain Premises in clean and safe condition (§ 89-8-25): [____________]
• ☐ Failure to dispose of garbage / waste in a clean and safe manner (§ 89-8-25): [____________]
• ☐ Use of the Premises for unlawful purposes: [____________]
• ☐ Disturbance of neighbors / other tenants' peaceful enjoyment: [____________]
• ☐ Unauthorized alterations: [____________]
• ☐ Violation of pet/parking/smoking/guest provisions of Rental Agreement: [____________]
• ☐ Refusal to permit lawful entry by Landlord on reasonable notice: [____________]
• ☐ Other material noncompliance with Rental Agreement: [____________]

Specific Facts of the Breach (date, time, location, conduct, witnesses, photographs / documentation references):

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Lease Section(s) Violated: [____________]

Statutory Provision(s) Violated: Miss. Code Ann. § 89-8-25(__) — [____________]

4. DEMAND FOR CURE OR TERMINATION

YOU ARE HEREBY NOTIFIED that, pursuant to Miss. Code Ann. § 89-8-13(1):

A. Required Cure. You must remedy the Breach described in Section 3 within a reasonable time not exceeding FOURTEEN (14) DAYS after receipt of this Notice. Specific cure actions required of you include:

1. [____________]
2. [____________]
3. [____________]

B. Termination. If the Breach is not fully remedied within fourteen (14) days after receipt of this Notice, the Rental Agreement and your right to occupy the Premises WILL TERMINATE on:

Termination Date: [__/__/____] at 11:59 p.m.

(which is a date not less than fourteen (14) days after receipt of this Notice).

C. Possession. On or before the Termination Date, you must:

• vacate the Premises and remove all persons and personal property;
• return all keys, access cards, and remote devices to [____________];
• leave the Premises in clean and undamaged condition consistent with § 89-8-25.

5. STATUTORY BASIS

This Notice is issued under Miss. Code Ann. § 89-8-13(1), which provides that the nonbreaching party may deliver a written notice (or notice by email or text message if the breaching party has agreed in writing to be notified by that means) specifying the acts and omissions constituting the breach, and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days.

Tenant Rights Preserved:

• Right to cure by remedying the breach within 14 days.
• Right to a court hearing before any forced removal — Mississippi prohibits self-help eviction. Possession may be recovered only through Justice Court / County Court proceedings under §§ 89-8-31 to 89-8-39.
• Habitability defenses preserved under Miss. Code Ann. § 89-8-23 (limited).
• Security deposit subject to 45-day return rule under § 89-8-21.
• Federal anti-discrimination, anti-retaliation (where applicable), VAWA, SCRA, and CARES Act protections (see Section 7).

6. VARIANT FORMS — REPEAT VIOLATION AND NO-NOTICE HEALTH/SAFETY

VARIANT A — REPEAT VIOLATION (NO CURE OPPORTUNITY) — § 89-8-13(2)

YOU ARE HEREBY NOTIFIED that, pursuant to Miss. Code Ann. § 89-8-13(2), substantially the same act or omission previously identified in the Notice dated [__/__/____] has recurred within six (6) months. The Rental Agreement and your right to occupy the Premises WILL TERMINATE on [__/__/____] (which is a date not less than fourteen (14) days after the date of this Notice). No further opportunity to cure is provided.

Description of the Recurring Breach: [____________]

Reference to Prior Notice: Notice dated [__/__/____], copy attached.

VARIANT B — RECITATION FOR USE WITH SECTION 4 — STANDARD CURE-OR-QUIT

(Use Section 4 as drafted.)

VARIANT C — NO-NOTICE TERMINATION FOR SUBSTANTIAL HEALTH/SAFETY VIOLATION — § 89-8-19

YOU ARE HEREBY NOTIFIED that, pursuant to Miss. Code Ann. § 89-8-19 (last paragraph), notice to terminate is not required where the tenant has committed a substantial violation of the Rental Agreement or the RLTA materially affecting health or safety. The Rental Agreement and your right to occupy the Premises are TERMINATED EFFECTIVE IMMEDIATELY on the date of this Notice.

Description of the Substantial Health/Safety Violation: [____________]

Documentation / Police Reports / Witness Statements: [____________]

You must vacate the Premises immediately. The Landlord intends to file for residential eviction under Miss. Code Ann. § 89-8-31 forthwith.

7. FEDERAL PROTECTIONS — CARES ACT, SCRA, VAWA, FHA

CARES Act (15 U.S.C. § 9058) — 30-Day Notice for Covered Properties. If the Premises are a "covered dwelling" (federal subsidy, federally backed mortgage, LIHTC, etc.), federal law requires a 30-day notice. The 14-day notice above applies only if the Premises are NOT a covered dwelling.

☐ The Premises are NOT a covered dwelling under 15 U.S.C. § 9058.

☐ The Premises are a covered dwelling, and a 30-day notice has been served separately.

Servicemembers Civil Relief Act (50 U.S.C. § 3951). If the tenant is on active military duty, eviction generally requires a court order with SCRA findings. The Landlord has reviewed the tenant's SCRA status: [____________].

Violence Against Women Act (34 U.S.C. § 12491). In federally subsidized housing, status as a victim of domestic violence, dating violence, sexual assault, or stalking is not a permissible basis for eviction. This Notice is not issued on any such basis.

Federal Fair Housing Act (42 U.S.C. § 3601 et seq.). This Notice is not issued on the basis of race, color, religion, national origin, sex, familial status, or disability. Mississippi has no state fair-housing law; the FHA is the operative protection.

Bankruptcy Stay (11 U.S.C. § 362). The Tenant must immediately notify the Landlord of any pending bankruptcy.

8. TENANT'S RIGHT TO INSPECT / RESPOND

The Landlord ☐ has / ☐ has not previously given the Tenant notice of the Breach. The Tenant may:

• Contact the Landlord at [____________] to discuss cure options;
• Provide written response disputing the Breach to: [____________];
• Request inspection of the Premises by appointment to verify cure.

The Landlord ☐ will / ☐ will not consider a written cure plan submitted within seven (7) days of receipt of this Notice.

9. CONSEQUENCES OF FAILURE TO CURE OR VACATE

If the Breach is not cured and the Premises are not surrendered within the period specified in Section 4 (or Section 6 variant), the Landlord intends to:

1. File a sworn affidavit/complaint for residential eviction in [____________] [County] [Justice / County] Court under Miss. Code Ann. § 89-8-31;
2. Obtain a summons under § 89-8-35 (served between 5 and 20 days after filing);
3. Seek a judgment of possession and money damages including unpaid rent, damages caused by the Breach, court costs, and (if authorized by Rental Agreement) attorney's fees;
4. Obtain a warrant of removal under § 89-8-39, with seven (7) days from judgment to vacate;
5. Pursue collection of any money judgment and report to credit / tenant-screening services as permitted by law.

10. RESERVATION OF RIGHTS

The Landlord reserves all rights and remedies under the Rental Agreement, the RLTA, Chapter 7 of Title 89 of the Mississippi Code (where applicable), and federal law. Nothing in this Notice waives any past, present, or future breach. Acceptance of any rent payment after this Notice shall NOT be deemed a waiver of the Breach unless agreed in a writing signed by the Landlord.

11. LANDLORD SIGNATURE

Issued and signed this [____] day of [__________], 20[____].

12. PROOF OF SERVICE / AFFIDAVIT OF DELIVERY

I, the undersigned, declare under penalty of perjury under the laws of the State of Mississippi that I served the foregoing Fourteen (14) Day Notice to Cure or Quit on the Tenant identified above as follows:

Date of Service: [__/__/____] Time: [__:__] [☐ a.m. / ☐ p.m.]

Method of Service (check all that apply):

• ☐ Personal delivery to Tenant at the Premises.
• ☐ Personal delivery to Tenant at: [____________].
• ☐ Substituted service on a person of suitable age and discretion at the Premises (name: [____________]) AND mailing.
• ☐ Posting and mailing — copy posted at Premises AND mailed first-class to Tenant at the Premises.
• ☐ Email to: [____________] (Tenant agreed in writing — agreement: [____________]).
• ☐ Text message to: [____________] (Tenant agreed in writing — agreement: [____________]).
• ☐ Certified mail, return receipt requested, tracking no. [____________].

Server's Name: [____________]

Server's Signature: _________________________________

13. MISSISSIPPI PRACTICE NOTES

Cure period interpretation. The statute uses "reasonable time not in excess of fourteen (14) days." For most breaches (unauthorized occupant, lease violation, parking, pets), 14 days is appropriate. For breaches that physically cannot be cured in 14 days (e.g., extensive damage requiring contractor work), the tenant should propose a written cure plan; landlord acceptance is discretionary.

Repeat violation timing. § 89-8-13(2) applies when "substantially the same act or omission" recurs within 6 months of the original notice. Document with the prior notice attached. Conduct that is similar but not "substantially the same" requires a fresh 14-day cure notice.

Health/safety no-notice termination. § 89-8-19's no-notice rule is narrow and fact-intensive. Document the conduct contemporaneously: police reports, photographs, witness statements, and dates. Without solid documentation, courts may treat the case as a routine 14-day cure breach.

No state retaliation statute. Mississippi has no codified anti-retaliation rule. Federal-program tenants (Section 8, public housing, USDA) retain federal anti-retaliation protections. Document a legitimate, non-retaliatory basis in the file.

Among the least tenant-protective regimes nationally. Mississippi has no state fair-housing law; no rent-control authorization; narrow habitability remedies; minimal self-help remedies for tenants. Federal law provides the bulk of tenant protections.

Justice Court / County Court venue. File in the precinct/county where the Premises are located. County Courts (where they exist) and Justice Courts share jurisdiction within statutory limits.

Appeal. 10 days to Circuit Court with bond; trial de novo. Miss. Code Ann. § 11-51-85.

14. SOURCES AND REFERENCES

Mississippi Statutes:

• Miss. Code Ann. § 89-8-13 — Right to terminate; 14-day cure notice; repeat violation.
• Miss. Code Ann. § 89-8-19 — Term of tenancy; notice; no-notice exception for health/safety.
• 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, 89-8-35, 89-8-39 — Residential eviction procedure.
• Miss. Code Ann. § 11-51-85 — Justice Court appeals.

Federal Law:

• 15 U.S.C. § 9058 — CARES Act 30-day notice (permanent).
• 24 C.F.R. Part 247 — HUD eviction (final rule effective Jan. 13, 2025).
• 50 U.S.C. § 3951 — SCRA.
• 34 U.S.C. § 12491 — VAWA.
• 42 U.S.C. § 3601 et seq. — Fair Housing Act.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.

Authoritative Resources:

• Mississippi Legislature — http://www.legislature.ms.gov
• Mississippi Bar Consumer Information — Cur-RENT Law for Tenants and Landlords.
• Mississippi Attorney General — RLTA publication.

END OF NOTICE TO CURE OR QUIT — MISSISSIPPI