Question from MT, What are the eviction laws and processes in Mississippi for a friend and their mom staying on my property?
Answer from AI:
In Mississippi, the eviction process is governed by the Mississippi Residential Landlord and Tenant Act. This law applies to both written and verbal rental agreements. If you have a friend and their mom staying on your property in their camper with a verbal agreement, you are considered a landlord and they are your tenants.
Notice for Termination with Cause
If your friends violate the terms of the agreement (for example, by not paying rent or damaging the property), you can terminate the agreement with cause. The steps are as follows:
- Provide a written notice to the tenants stating the violation and giving them 14 days to correct the issue.
- If they do not correct the issue within 14 days, you can file an eviction lawsuit with the local court.
Notice for Termination without Cause
If you want to end the agreement without a specific reason, the process is slightly different:
- Provide a written notice to the tenants. The notice period depends on the rental agreement. If there is no specific time frame in the agreement, the notice period is 30 days.
- If they do not leave the property within the notice period, you can file an eviction lawsuit with the local court.
Note: Self-eviction (like changing locks or shutting off utilities) is illegal in Mississippi. You must go through the legal process to evict someone.
Eviction Process
The eviction process in Mississippi generally follows these steps:
- Filing of a complaint in the local court.
- Serving of notice to the tenants.
- Hearing in court.
- If the court rules in your favor, the court will issue a Writ of Possession.
- The local sheriff will enforce the eviction.
The entire process can take several weeks to a few months, depending on the court’s schedule and any defenses the tenants may raise.
Legal Advice
Eviction laws can be complex and vary by local jurisdiction. It’s recommended to consult with a Mississippi attorney for personalized advice. You can also refer to the Mississippi Legal Services for more information on landlord-tenant laws.
Remember, this information is a general guide and not legal advice. Always consult with a legal professional for advice on your specific situation.
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