Mississippi Notice to Terminate Tenancy — No Cause (Month-to-Month)

MISSISSIPPI NOTICE TO TERMINATE TENANCY — NO CAUSE

TABLE OF CONTENTS

1. Heading and Recipient Information
2. Statement of Tenancy
3. Notice of Termination
4. Statutory Basis
5. Chapter 7 / Chapter 8 Selection
6. Tenant's Obligations Through Termination Date
7. Security Deposit Procedure
8. Federal Protections — CARES Act, Section 8, SCRA, VAWA, FHA
9. Holdover Consequences
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

NOTICE TO TERMINATE TENANCY — NO CAUSE

(Issued under Miss. Code Ann. § 89-8-19)

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 (the "Rental Agreement") between [LANDLORD NAME] and [TENANT NAME(S)].

Tenancy Type (check one):

• ☐ Month-to-month periodic tenancy (rent paid monthly).
• ☐ Week-to-week periodic tenancy (rent paid weekly).
• ☐ Periodic tenancy following a fixed term ending [__/__/____]; identify the later agreement or conduct establishing periodic rent and its terms: [________________________________].

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

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED that, pursuant to Miss. Code Ann. § 89-8-19, the Landlord hereby terminates the periodic tenancy described in Section 2.

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

Notice Period Provided (check one):

• ☐ Thirty (30) days for month-to-month tenancy (§ 89-8-19).
• ☐ Seven (7) days for week-to-week tenancy (§ 89-8-19).

Applicability check: This § 89-8-19 notice is for a covered residential periodic tenancy. The two-month year-to-year rule in § 89-7-23 does not supply a termination period for a tenancy governed by the Residential Landlord and Tenant Act; use a separate notice if that general statute actually governs.

You must vacate the Premises and surrender possession to the Landlord on or before the Termination Date by:

• removing all persons and personal property from the Premises;
• returning all keys, access cards, and remote devices to [____________];
• leaving the Premises in clean and undamaged condition consistent with Miss. Code Ann. § 89-8-25 (tenant duties);
• providing a forwarding address in writing to the Landlord (for delivery of any security deposit or itemized statement).

This Notice does NOT allege any breach of the Rental Agreement. The Landlord is exercising the statutory right to terminate a periodic tenancy without cause.

4. STATUTORY BASIS

Miss. Code Ann. § 89-8-19 provides in relevant part:

"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."

No-cause termination is permitted for periodic tenancies. The Landlord is not required by Mississippi state law to state a reason. However, the termination may not be issued for any unlawful reason (e.g., discrimination prohibited by the federal Fair Housing Act).

5. CHAPTER 7 / CHAPTER 8 SELECTION

Tenancy is governed by:

• ☐ Miss. Code Ann. § 89-8-1 et seq. (RLTA / Chapter 8). Notice period applied: 30 days (month-to-month) or 7 days (week-to-week) per § 89-8-19.
• ☐ Possible Chapter 7 / non-RLTA tenancy. Do not issue this § 89-8-19 notice until applicability and the correct general-law notice have been determined.

Reason for possible non-RLTA classification (if applicable): [____________]

6. TENANT'S OBLIGATIONS THROUGH TERMINATION DATE

Until the Termination Date, the Tenant remains obligated to:

• Pay rent in full on the dates specified in the Rental Agreement (pro-rated for any partial period);
• Comply with all Rental Agreement covenants and with Miss. Code Ann. § 89-8-25 (tenant duties);
• Maintain the Premises in clean and safe condition and avoid damage beyond ordinary wear and tear;
• Permit reasonable inspections / showings to prospective new tenants on reasonable notice;
• Provide forwarding address in writing to facilitate security-deposit return.

Rent due before the Termination Date remains payable under the Rental Agreement. The effect of any payment accepted after this Notice depends on the Rental Agreement, the payment period, later conduct, and applicable law.

7. SECURITY DEPOSIT PROCEDURE

Pursuant to Miss. Code Ann. § 89-8-21, the Landlord shall return any portion of the security deposit not lawfully withheld within forty-five (45) days after:

1. Termination of the tenancy;
2. Delivery of possession to the Landlord; AND
3. Demand by the Tenant.

If the Landlord withholds any portion of the security deposit, the Landlord shall provide the Tenant with a written itemized statement of deductions for damages, unpaid rent, or other lawful charges.

Tenant Forwarding Address: [________________________________]
Date of Demand: [__/__/____]

8. FEDERAL PROTECTIONS — CARES ACT, SECTION 8, SCRA, VAWA, FHA

CARES Act (15 U.S.C. § 9058) — covered-dwelling notice review. Section
9058(c)'s text contains no express sunset, but the statute alone does not settle
its current enforceability, scope, remedy, or interaction with the ground for
termination. Confirm controlling authority before selecting a 30-day federal
notice or concluding that a Mississippi notice satisfies it.

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

☐ The Premises ARE a covered dwelling, and this Notice provides ≥ 30 days as required.

Section 8 / Public Housing / HUD (24 C.F.R. Part 247, § 966.4, § 982.310). For an HCV tenancy, the owner may terminate during the lease term only on grounds listed in § 982.310(a). During the initial lease term, an owner cannot use business or economic reasons unrelated to tenant conduct as "other good cause"; after that term, qualifying business reasons may be grounds under § 982.310(d). Project-based Section 8 and public housing follow their own rules. Identify the program and applicable notice and termination ground before service.

Servicemembers Civil Relief Act (50 U.S.C. §§ 3951, 3955). A servicemember on active duty may have rights to terminate a lease early on receipt of military orders. A landlord seeking to terminate a servicemember tenant must consider SCRA protections, including stay of proceedings.

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 adverse action. This Notice is not issued on any such basis.

Fair Housing Act (42 U.S.C. § 3604). This Notice is not issued on the basis of race, color, religion, national origin, sex, familial status, disability, or any other federally protected characteristic. The federal FHA applies.

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

9. HOLDOVER CONSEQUENCES

If you fail to vacate the Premises on or before the Termination Date, the Landlord intends to:

1. File a sworn affidavit/complaint for residential eviction under Miss. Code Ann. § 89-8-31 in [____________] [Justice / County] Court;
2. Obtain a summons under § 89-8-35 stating the current statutory warnings; service is governed by the applicable Mississippi Rules of Court;
3. Seek a judgment of possession and money damages including holdover rent, court costs, and (if authorized by Rental Agreement) attorney's fees;
4. If the Tenant remains after the court-ordered move-out date, request a warrant of removal under § 89-8-39; the ordinary move-out date is seven (7) days after judgment unless the court orders a shorter or longer period for emergency or other compelling circumstances;
5. Pursue collection of any money judgment.

Do not assert a blanket double-rent remedy in a month-to-month termination. Section 89-8-45 applies when a rental agreement with a definite term expires and the tenant remains after landlord notice, if the rental agreement does not contradict that remedy. Section 89-7-25 belongs to the separate Chapter 7 framework. Counsel must select the governing chapter and facts before requesting enhanced rent.

10. RESERVATION OF RIGHTS

The Landlord reserves rights and remedies available under the Rental Agreement, the RLTA, Chapter 7 of Title 89 of the Mississippi Code (where applicable), and federal law. This Notice alone does not determine the effect of a later payment, agreement, or conduct on termination or any claimed breach.

11. LANDLORD SIGNATURE

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

12. PROOF OF SERVICE / AFFIDAVIT OF DELIVERY

I, the undersigned, being first duly sworn, depose and state that I served the foregoing Notice to Terminate Tenancy 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.
• ☐ Certified mail, return receipt requested, tracking no. [____________].
• ☐ First-class mail, sent [__/__/____] to Tenant at the Premises and any known forwarding address.

Server's Name: [____________]

Server's Signature: _________________________________

STATE OF MISSISSIPPI, COUNTY OF [____________], ss:

Subscribed and sworn to before me on [__/__/____] by [SERVER NAME].

Notary Public: _________________________________

My commission expires: [__/__/____]

13. MISSISSIPPI PRACTICE NOTES

No-cause termination under state law. Section 89-8-19 permits either party to terminate a periodic tenancy on the stated written notice, subject to the rental agreement and federal, subsidized-housing, anti-discrimination, bankruptcy, and other overlays.

Federal program review. HCV, project-based Section 8, public housing, LIHTC, USDA Rural Development, and HUD-subsidized housing have different termination rules. In HCV, § 982.310 permits specified "other good cause" after the initial lease term, including qualifying business reasons. Verify the actual program, lease stage, required ground, and notice before sending a no-cause notice.

Aligning with rent period. Mississippi statute does not require alignment of the termination date with the end of a rent period, but Mississippi case law and Justice Court practice often expect it. Conservative practice: if rent is due on the first, set termination for the last day of a month at least 30 days after service. (E.g., served April 15 → termination May 31.)

No state fair-housing statute. Federal FHA, ADA, and Section 504 are the operative anti-discrimination authorities. Document a legitimate, non-discriminatory reason in the internal file even where the law does not require disclosure to the tenant.

Local protections. Jackson, Hattiesburg, Gulfport, and a few other municipalities have adopted limited tenant-related ordinances. Confirm before serving.

Disaster restrictions. A federal disaster declaration alone does not suspend evictions. Identify a current agency or court order, covered program, effective dates, and property before asserting a restriction; foreclosure relief does not itself restrict eviction.

Appeal. A Justice Court judgment may be appealed within 10 days to County Court where one exists, or otherwise to Circuit Court. Check the bond and stay requirements. § 11-51-85.

14. SOURCES AND REFERENCES

Mississippi Statutes:

• Miss. Code Ann. § 89-8-19 — Length of tenancy term; 30-day month-to-month / 7-day week-to-week notice.
• Miss. Code Ann. § 89-7-23 — General LL-T notice (pre-RLTA).
• Miss. Code Ann. § 89-8-45 — Conditional double rent after expiration of a definite-term rental agreement.
• Miss. Code Ann. § 89-8-21 — Security deposit return (45 days).
• Miss. Code Ann. § 89-8-25 — Tenant duties.
• Miss. Code Ann. §§ 89-8-31, 89-8-35, 89-8-39 — Residential eviction.
• Miss. Code Ann. § 11-51-85 — Justice Court appeals.
• Mississippi S.B. 2461 (2022), §§ 1-8 and 11 (official signed bill)
• Mississippi S.B. 2328 (2025), §§ 1-4 and 6 (official signed bill)

Federal Law:

• 15 U.S.C. § 9058 — temporary 2020 moratorium and text of covered-dwelling notice provision; current notice effect requires controlling-authority review.
• 24 C.F.R. Part 247 — HUD-subsidized housing termination (good cause).
• 24 C.F.R. § 966.4 — Public housing lease (good cause).
• 24 C.F.R. § 982.310 — HCV/Section 8 termination (good cause / initial-term restriction).
• 50 U.S.C. §§ 3951, 3955 — SCRA eviction protection / servicemember termination.
• 34 U.S.C. § 12491 — VAWA.
• 42 U.S.C. § 3604 — Fair Housing Act.
• 11 U.S.C. § 362 — Bankruptcy automatic stay.

Authoritative Resources:

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

END OF NOTICE TO TERMINATE TENANCY (NO CAUSE) — MISSISSIPPI