Your landlord can evict you in the following cases:
What does my landlord have to do to evict me?
Before your landlord can make you move, he or she must give you written notice. The notice cannot be oral, and it must be delivered properly. See Question 4 for more information about notices. Some written leases make you waive your right to written notice. This means that by signing the lease you agree that the landlord doesn't have to give you a notice. Mississippi allows landlords to evict tenants by self-help without a court order by a judge. However, the landlord can not breach the peace when conducting a self-help evicition.
Yes. Your landlord cannot evict you for any of these reasons:
Do I have to move if I just found a notice slipped under my door today?
No. A notice that is slipped under your door is not a good notice. Your landlord must give you a notice in one of three ways:
Even though a notice slipped under your door is not a good notice, you still need to go to court if you get a summons. You can tell the judge how you got the notice. If the judge believes you, the case should be dismissed. You should be aware that if you refuse to accept the notice when your landlord tries to give it to you, the landlord can tell you what the notice is and leave it on the ground in front of your door. Also, if no one is living in the unit, your landlord can post the notice on the door of the apartment or house.
The amount of time that you have before you have to move depends on the type of eviction notice that the landlord gives you.
Nonpayment of rent: The most common material breach of a lease is the nonpayment of rent. If you fail to pay the rent according to the terms of the rental agreement, the landlord, after giving 3 days written notice, may terminate the lease. If you pay the rent within the 3 day notice period, the lease is not terminated. If you do not pay the rent within the 3 day notice period, the lease is terminated.
Other material breach: If you make a material breach of the lease, the landlord must deliver a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate 30 days after receipt of the written notice if the breach is not remedied within a reasonable time not in excess of 30 days. After 30 days the landlord must take you to court to force you to leave.
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