Mississippi 3-Day Notice to Pay Rent or Quit

Mississippi 3-Day Notice to Pay Rent or Quit: Tenant's Non-Payment of Rent

Last Updated: March 2, 2023.

About this Form Set

This form is a legally compliant three-day notice to pay rent or quit due to the tenant's non-payment of rent, along with a summary of the law concerning proper delivery of the notice. The document set has been professionally created to adhere to the specifications outlined in Mississippi Code Section 89-8-13. This notice serves as the initial step in the eviction process and demands that the tenant pay rent or vacate (quit) the premises within three (3) days of receiving the notice. The form letter is a standard, editable Microsoft Word document that can be easily customized to fit your particular needs, and it can be downloaded instantly after purchase.

Summary of the Rules for Serving the Notice on the Tenant

1. Service of the Notice. The landlord may serve the notice on the tenant by following Rule 4 of the Mississippi Court Rules of Civil Procedure. Serving the tenant under this rule requires:

a. delivering a copy personally to the tenant; or

b. leaving a copy at the tenant's usual place of abode with a family member over the age of 16 who is willing to receive service and mailing a copy to the tenant.

2. Computation of Notice Period. Rule 6 of the Mississippi Court Rules of Civil Procedure governs the computation of the three (3) day notice period. In computing the period, the day of service of the notice is not included. The last day of the period is included unless it falls on a Saturday, Sunday, or legal holiday, or if the courthouse or clerk's office is closed for any reason, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

3. Notice by Mail. If the notice is served by mail, the landlord must add three (3) days to the required period of three (3) days for a total of six (6) days’ notice to the tenant.

4. Notice by Email or Text Message. If the tenant has agreed in writing to receive notices by email or text message, such notice is considered valid under Mississippi law.


Applicable Law and Rules of Civil Procedure

Mississippi Court Rules of Civil Procedure - Rule 4: “Upon an individual, (A) by delivering a copy to him personally or to an agent authorized by appointment or by law to receive service of process; or (B) if service under subparagraph (1)(A) of this subdivision cannot be made with reasonable diligence, by leaving a copy at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of sixteen years who is willing to receive service, and by thereafter mailing a copy (by first class mail, postage prepaid) to the person to be served.”

Mississippi Court Rules of Civil Procedure - Rule 6: “Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as defined by statute, or any other day when the courthouse or the clerk’s office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk’s office is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.”

Mississippi Court Rules of Civil Procedure - Rule 6: “Additional Time if Service by Mail: Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.”

Mississippi Code § 89-8-13: “Notice by email or text message is proper if the tenant has agreed in writing to be notified by that means.”