Mississippi Notice to Pay Rent or Quit (3-Day Demand)

MISSISSIPPI NOTICE TO PAY RENT OR QUIT — RESIDENTIAL TENANCY

TABLE OF CONTENTS

1. Heading and Recipient Information
2. Statement of Tenancy
3. Itemization of Rent and Other Sums Due
4. Demand for Payment or Possession
5. Statutory Basis and Tenant's Rights
6. Federal Protections — CARES Act, SCRA, VAWA, FHA
7. Methods of Payment Accepted
8. Consequences of Failure to Comply
9. Reservation of Rights
10. Landlord Signature
11. Proof of Service / Affidavit of Delivery
12. Mississippi Practice Notes
13. Sources and References

1. HEADING AND RECIPIENT INFORMATION

THREE (3) DAY NOTICE TO PAY RENT OR QUIT — RESIDENTIAL

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

Date of Notice: [__/__/____]

TO: [TENANT FULL LEGAL NAME]

AND TO: [ALL OTHER OCCUPANTS / CO-TENANTS — list each by name; or "All Other Occupants in Possession"]

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] rental agreement dated [__/__/____] (the "Rental Agreement"), between:

Landlord: [LANDLORD FULL LEGAL NAME], [individual / LLC / corporation], whose address for notices is [________________________________].

Tenant(s): [TENANT FULL LEGAL NAME(S)].

The Rental Agreement creates a residential tenancy governed by the Mississippi Residential Landlord and Tenant Act, Miss. Code Ann. §§ 89-8-1 to 89-8-45 (the "RLTA").

Rent is payable: ☐ monthly ☐ weekly ☐ other: [____].

Monthly/periodic rent: $[____________] due on the [____] day of each [month/week].

3. ITEMIZATION OF RENT AND OTHER SUMS DUE

YOU ARE IN MATERIAL NONCOMPLIANCE with the Rental Agreement for failure to pay rent and other sums lawfully due. The amount currently owing is itemized below:

4. DEMAND FOR PAYMENT OR POSSESSION

YOU ARE HEREBY NOTIFIED that, pursuant to Miss. Code Ann. § 89-8-13(1), unless you pay the full sum of $[__________] identified in Section 3 above, WITHIN THREE (3) DAYS after service of this Notice on you, the Rental Agreement and your right to occupy the Premises WILL TERMINATE at the end of the third day, and the Landlord will commence proceedings under Miss. Code Ann. §§ 89-8-31, 89-8-35, and 89-8-39 to recover possession of the Premises and any sums lawfully due.

Three-Day Cure Deadline: [__/__/____] at [__:__] [☐ a.m. / ☐ p.m.]

OR YOU MUST DELIVER POSSESSION of the Premises to the Landlord on or before the deadline above by:

• removing all persons and personal property from the Premises;
• returning all keys, access cards, and remote devices to the Landlord at the address below;
• leaving the Premises in clean and undamaged condition consistent with Miss. Code Ann. § 89-8-25 (tenant duties).

5. STATUTORY BASIS AND TENANT'S RIGHTS

This Notice is issued under Miss. Code Ann. § 89-8-13(1), which provides in relevant part that, where the tenant's material noncompliance is the nonpayment of rent, the landlord may deliver written notice (or notice by email or text message if the tenant has agreed in writing to receive notices by that means) specifying that the rental agreement will terminate if payment is not made within three (3) days.

Tenant Rights Preserved by Mississippi Law:

• Right to Cure by Payment. Full payment of all rent and other sums identified in Section 3 within three (3) days cures the breach and reinstates the tenancy.
• Right to a Court Hearing. The Landlord cannot lawfully take possession of the Premises by self-help (lockout, utility shutoff, or removal of property). Possession may be recovered only through Justice Court or County Court proceedings under Miss. Code Ann. §§ 89-8-31 to 89-8-39, with summons and hearing.
• Right to Tender Payment Before Warrant of Removal. Under Miss. Code Ann. § 89-8-39, if any judgment of possession is based SOLELY on nonpayment of rent, the court SHALL NOT issue the warrant of removal if the tenant pays in full all rent and other sums owed under the judgment on or before the court-ordered move-out date. The Landlord owes a duty of good faith to accept such payment.
• Right to Habitable Premises. Miss. Code Ann. § 89-8-23 sets minimum landlord duties (compliance with applicable building/housing codes materially affecting health and safety; maintenance of plumbing, heating, and cooling systems). Tenant defenses based on habitability are narrow under Mississippi law but preserved.
• Right to Security Deposit Return. Miss. Code Ann. § 89-8-21 requires return of the security deposit (less itemized lawful deductions) within forty-five (45) days after termination of tenancy, delivery of possession, and demand by the tenant.
• No State Retaliation Statute. Mississippi has not enacted an anti-retaliation statute. Tenants nonetheless may have federal-law claims if a notice is issued in retaliation for FHA, Section 8, VAWA, or other federally protected activity.

6. 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" (subject to a federally backed mortgage loan, financed by LIHTC, Section 8, USDA, public housing, HOME, or other federal program), federal law requires a thirty (30) day notice to vacate before filing eviction. The 3-day demand above is asserted only if the Premises are NOT a covered dwelling. This Landlord has reviewed the property's status and certifies:

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

☐ The Premises are a covered dwelling, and a thirty (30) day notice to vacate has been served separately or supersedes this 3-day demand.

HUD Subsidized Properties. For HUD-assisted properties governed by 24 C.F.R. Part 247 (effective Jan. 13, 2025), a 30-day notice to quit for nonpayment of rent is required regardless of state law.

Servicemembers Civil Relief Act (50 U.S.C. § 3951). If you or any co-tenant is a servicemember on active duty, eviction generally requires a court order; the court must consider whether military service materially affects the ability to pay rent. The SCRA monthly-rent threshold is indexed annually.

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.

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, disability, or any other federally protected characteristic. (Mississippi has no state fair-housing statute; the FHA is the operative anti-discrimination law.)

Bankruptcy Stay (11 U.S.C. § 362). If you have filed bankruptcy, contact the Landlord immediately. The automatic stay may affect the Landlord's ability to enforce this Notice.

7. METHODS OF PAYMENT ACCEPTED

The Landlord will accept payment in full of the amount in Section 3 by any of the following methods only:

• ☐ Certified check or cashier's check, made payable to [LANDLORD NAME]
• ☐ Money order, made payable to [LANDLORD NAME]
• ☐ Electronic transfer to: [ACCOUNT / PORTAL DETAILS]
• ☐ Cash, by appointment only, at: [ADDRESS]
• ☐ Other: [____________]

Payment must be tendered to: [LANDLORD / AGENT NAME], at [ADDRESS], during normal business hours [____ a.m. to ____ p.m.], Monday through [____].

The Landlord ☐ will / ☐ will not accept partial payment. Acceptance of any partial payment shall NOT be construed as waiver of this Notice or reinstatement of the tenancy unless expressly agreed in a writing signed by the Landlord.

8. CONSEQUENCES OF FAILURE TO COMPLY

If you do not pay the amount in full or surrender possession within three (3) days after service of this Notice, the Landlord intends to:

1. File a sworn affidavit or complaint for residential eviction in [____________] [County] [Justice / County] Court under Miss. Code Ann. § 89-8-31, attaching this Notice;
2. Obtain a summons under Miss. Code Ann. § 89-8-35 to be served on you between five (5) and twenty (20) days after filing;
3. Seek a judgment of possession and a money judgment for unpaid rent, late fees, court costs, and (if authorized by the Rental Agreement) attorney's fees;
4. Obtain a warrant of removal under Miss. Code Ann. § 89-8-39 directing the sheriff or constable to remove you from the Premises if you do not vacate within seven (7) days of judgment;
5. Report the unpaid debt and judgment to credit bureaus and tenant-screening services as permitted by law (FCRA — 15 U.S.C. § 1681 et seq.).

9. 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, including (without limitation) the right to (a) accept or refuse partial payment without waiving any claim; (b) demand additional rent and fees that accrue after the date of this Notice; (c) pursue separate money damages even after possession is recovered; (d) terminate the tenancy on any other lawful ground without prior notice where Miss. Code Ann. § 89-8-19 permits termination without notice for substantial violation materially affecting health or safety; and (e) seek any equitable or injunctive relief available.

No delay or omission by the Landlord shall be construed as a waiver of any right or remedy.

10. LANDLORD SIGNATURE

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

11. 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 Three (3) Day Notice to Pay Rent or Quit on the Tenant identified above as follows:

Date of Service: [__/__/____] Time of Service: [__:__] [☐ 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 residing at the Premises (name: [____________]), AND mailing a copy by first-class mail, postage prepaid, to the Tenant at the Premises that same day.
• ☐ Posting and mailing — copy posted in a conspicuous place at the Premises AND mailed by first-class mail, postage prepaid, to the Tenant at the Premises that same day. [Note: posting-and-mail is not expressly authorized by § 89-8-13; combine with attempted personal delivery and document the attempt.]
• ☐ Email to: [____________] (Tenant has previously agreed in writing to receive notices by email — copy of agreement attached or referenced as: [____________]).
• ☐ Text message to: [____________] (Tenant has previously agreed in writing to receive notices by text message — copy of agreement attached or referenced as: [____________]).
• ☐ Certified mail, return receipt requested, tracking no. [____________].

Server's Name: [____________]

Server's Address: [____________]

Server's Signature: _________________________________

Date: [__/__/____]

12. MISSISSIPPI PRACTICE NOTES

Dual-track statutory scheme. Mississippi maintains BOTH the older Chapter 7 landlord-tenant provisions AND the 1991 RLTA in Chapter 8. The 2022 amendments (SB 2461) clarified that Chapter 7 governs nonresidential and certain edge-case tenancies, while Chapter 8 (RLTA) governs residential. Use § 89-8-13 — not § 89-7-27 — for residential rent demands.

Among the least tenant-protective regimes in the United States. Mississippi has no state fair-housing statute, no codified anti-retaliation statute for residential tenants, narrow habitability remedies, no statutory rent-control authorization, and limited tenant remedies for self-help by landlords. Most tenant protections in Mississippi flow from federal law (FHA, CARES Act, SCRA, VAWA, ADA).

Local ordinances. A small number of Mississippi municipalities (e.g., Jackson, Hattiesburg, Gulfport) have adopted limited tenant-protective local ordinances. Confirm local rules before serving and filing.

Disaster moratoriums. Hurricane and federal disaster declarations have historically triggered eviction moratoriums for federally backed properties. Confirm current FEMA/HUD/USDA notices before relying on a 3-day demand for any property in a declared-disaster area.

Justice Court vs. County Court. In counties with a County Court (e.g., Hinds, Harrison, Jackson, Lauderdale, and others), residential eviction may be filed in either Justice or County Court depending on the amount in controversy and local practice. Otherwise, file in Justice Court for the precinct/county where the Premises are located.

Appeal. A party aggrieved by Justice Court judgment may appeal to Circuit Court within ten (10) days of judgment with bond, for trial de novo. See Miss. Code Ann. § 11-51-85.

Email/text service caveat. § 89-8-13 permits email or text only if the tenant has previously agreed in writing to that mode of notice. Many older leases do not contain this consent; oral consent is insufficient. When in doubt, default to personal delivery.

13. SOURCES AND REFERENCES

Mississippi Statutes:

• Miss. Code Ann. § 89-8-1 et seq. — Residential Landlord and Tenant Act (1991, as amended through 2024).
• Miss. Code Ann. § 89-8-13 — Right to terminate tenancy for breach; 3-day rent demand; 14-day cure.
• Miss. Code Ann. § 89-8-19 — Length of term of tenancy; 30-day month-to-month notice; exceptions.
• Miss. Code Ann. § 89-8-21 — Tenant's security deposit (45-day return).
• Miss. Code Ann. § 89-8-23 — Duties of landlord (limited habitability).
• Miss. Code Ann. § 89-8-25 — Duties of tenant.
• Miss. Code Ann. §§ 89-8-31, 89-8-35, 89-8-39 — Residential affidavit/complaint, summons, warrant of removal.
• Miss. Code Ann. § 89-7-23 — General LL-T notice to terminate (older statute; outside RLTA).
• Miss. Code Ann. § 89-7-27 — Nonresidential evictions (post-2022).
• 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 (where applicable in County Court / Circuit Court).

Federal Law:

• 15 U.S.C. § 9058 — CARES Act 30-day notice requirement (permanent).
• 24 C.F.R. Part 247 — HUD eviction procedures (final rule effective Jan. 13, 2025).
• 50 U.S.C. § 3951 — Servicemembers Civil Relief Act eviction protection.
• 34 U.S.C. § 12491 — Violence Against Women Act housing protections.
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.
• 15 U.S.C. § 1681 et seq. — Fair Credit Reporting Act.

Authoritative Resources:

• Mississippi Legislature — http://www.legislature.ms.gov
• Mississippi Bar Consumer Information — https://www.msbar.org/for-the-public/consumer-information/cur-rent-law-for-tenants-and-landlords/
• Mississippi Attorney General — Residential Landlord and Tenant Act publication.
• Mississippi Administrative Office of Courts — Justice Court eviction forms.

END OF NOTICE TO PAY RENT OR QUIT — MISSISSIPPI