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).
• ☐ Holdover following expiration of fixed-term lease dated [__/__/____], converted to periodic tenancy by acceptance of rent.

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).
• ☐ One (1) week for tenancy NOT governed by RLTA (§ 89-7-23 — older general statute).
• ☐ Two (2) months (year-to-year tenancies — § 89-7-23 / common-law convention; consult counsel).

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:

"Unless the rental agreement fixes a definite term, a tenancy shall be week-to-week in case of a tenant who pays weekly rent, and in all other cases month-to-month. The landlord or tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date. The landlord or tenant may terminate a month-to-month tenancy by written notice given to the other at least thirty (30) days prior to the termination date. Notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety."

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.
• ☐ Miss. Code Ann. § 89-7-1 et seq. (General LL-T / Chapter 7). Notice period applied per § 89-7-23.
• ☐ Both / uncertain. Notice period applied: longer of the two applicable periods.

Reason for Chapter 7 application (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.

The Landlord ☐ will / ☐ will not accept rent payments after this Notice. Acceptance of rent through the Termination Date does NOT waive this Notice or reinstate the tenancy.

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) — 30-Day Notice for Covered Properties. If the Premises are a "covered dwelling," federal law permanently requires a 30-day notice to vacate. The 30-day Mississippi termination notice for month-to-month tenancies satisfies CARES Act timing; a 7-day week-to-week notice does NOT satisfy CARES Act timing for covered properties.

☐ 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). No-cause termination is generally PROHIBITED during the initial lease term and (in many programs) thereafter; "good cause" is required. If this Notice involves a Section 8 voucher tenant, project-based Section 8, or public housing tenant, the Landlord must satisfy applicable HUD termination procedures. Consult counsel 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. Mississippi has no state fair-housing statute; the FHA is the primary anti-discrimination authority in this state.

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 (served between 5 and 20 days after filing);
3. Seek a judgment of possession and money damages including holdover rent, 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.

A holdover tenant in Mississippi is liable for double the rent under Miss. Code Ann. § 89-7-25 if the holdover is willful and the landlord has demanded possession in writing — confirm applicability before invoking.

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 the date of this Notice shall NOT be deemed a waiver or reinstatement of the tenancy.

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 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: _________________________________

13. MISSISSIPPI PRACTICE NOTES

No-cause termination permitted under state law. Mississippi expressly permits no-cause termination of periodic tenancies. Among the least tenant-protective regimes in the United States, Mississippi imposes no statutory good-cause requirement, no rent-control authorization, and no state-level just-cause eviction rule.

Federal overrides. Despite permissive state law, federal programs frequently impose good-cause-only termination. Section 8 vouchers, project-based Section 8, public housing, LIHTC, USDA Rural Development, and HUD-subsidized housing typically prohibit no-cause termination. A pro-forma "no cause" notice for a federally subsidized tenant is highly likely to be set aside on FED defense.

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 moratoriums. Federal disaster declarations (hurricanes, floods) historically trigger eviction moratoriums under FEMA, HUD, USDA. Confirm current status.

Appeal. 10 days to Circuit Court with bond; trial de novo. § 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. § 89-7-25 — Double rent for willful holdover.
• 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.

Federal Law:

• 15 U.S.C. § 9058 — CARES Act 30-day notice (permanent).
• 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