Mississippi Mobile Home Park Eviction Process: A Step-by-Step Guide

Mississippi has no mobile-home-park law — the general landlord-tenant act governs

Unlike many states, Mississippi has never enacted a Mobile Home Park Act. There is no statute that gives lot residents relocation rights, park-closure notice, or any of the lot-tenant protections you see in other states. The only place mobile home park appears in Mississippi law is the property-tax code (§27-53-5), which has nothing to do with evictions.

That means your lot tenancies fall under Mississippi's general Residential Landlord and Tenant Act (Title 89, Chapter 8). Section 89-8-3 applies that Act to any rental agreement for a dwelling unit located within this state and lists six exclusions — none of which are mobile homes.

One honest caveat: because there is no MHP statute, whether the Act squarely covers a pad-only rental (the resident owns the home and rents only the space) is an unsettled question in Mississippi. The safest posture is to follow the Act's written-notice-and-court process every time rather than rely on any assumption that lot tenancies are exempt.

Nonpayment of rent: a 3-day notice

For nonpayment of lot rent, Mississippi requires a written 3-day notice. Section 89-8-13 lets you deliver notice that the rental agreement terminates if the rent is not paid within three (3) days. Email or text notice counts only if the resident agreed in writing to be notified that way — otherwise, put it in writing and document delivery.

This is a pay-or-quit style notice: if the resident pays what is owed within the 3 days, the tenancy continues and you cannot proceed. If they do not pay, the notice is your predicate for filing. You still cannot lock anyone out or move the home yourself — you must go to court.

Other lease violations: a 14-day notice with a right to cure

For breaches other than nonpayment — unregistered occupants, unpermitted structures, community-rule violations, and the like — Mississippi requires a 14-day notice, not 30. Section 89-8-13(3) says the agreement terminates on a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of fourteen (14) days.

If your current forms or web copy say 30 days for lease violations, that language is outdated. The 30-day figure comes from the pre-2018 version of §89-8-13; the current statute is 14 days with a right to cure. Spell out the specific acts constituting the breach in the notice — the statute requires you to identify them.

Because the resident has a statutory chance to fix the problem, keep your violation notices specific and dated, and keep proof that the breach was not cured within the window before you file.

Filing the eviction and removing the home

Mississippi eviction is a judicial process — self-help lockouts and utility shutoffs are not lawful. You commence a residential eviction by filing a sworn affidavit or complaint that states the facts requiring removal, identifies the dwelling address, and lists any rent and fees owed, and you attach the §89-8-13 notice you served (§§89-8-31 and 89-8-33). A summons then issues for service on the resident (§89-8-35). These actions are heard in the Justice Court of the county where the park sits (County or Circuit Court where applicable).

If you win, the court orders the resident to vacate in seven (7) days (§89-8-39). If they do not leave, the judge issues a warrant of removal to the sheriff or a constable, and after the warrant is executed you must give the resident reasonable access for seventy-two (72) hours to remove personal property.

The hard part on a lot tenancy is that the resident owns the home. Mississippi gives no special window to relocate a mobile home — the same 7-day vacate and 72-hour access framework applies, even though physically moving a home takes far longer. Note also that §89-7-27, sometimes cited for removal of tenant, now governs only nonresidential evictions; your track is the §89-8-31 to §89-8-43 residential procedure. Plan the home-removal logistics in advance, ideally by written agreement, so you are not left with an abandoned home on the lot.

Typical timeline in Mississippi

• Day 0 — Serve notice
  Written 3-day notice for nonpayment (§89-8-13) or 14-day cure notice for other violations (§89-8-13(3)). Document how and when it was delivered.
• Day 3 or Day 14 — Cure period ends
  Nonpayment resident can pay within 3 days and stay; other-breach resident has up to 14 days to remedy. If uncured, the tenancy terminates on the stated date.
• After the period — File
  File a sworn affidavit or complaint in Justice Court with the notice attached (§§89-8-31, 89-8-33); a summons is issued and served (§89-8-35).
• Hearing — Judgment
  Court hears the case and, if you prevail, enters judgment of possession (§89-8-37). A nonpayment resident can still avoid removal by paying all sums owed by the court-ordered move-out date.
• Judgment + 7 days — Vacate
  Court orders the resident to vacate within seven (7) days, unless a shorter or longer period is ordered for compelling reasons (§89-8-39).
• After 7 days — Warrant of removal
  If the resident stays, the judge issues a warrant to the sheriff or constable to remove all persons; after execution, the resident gets 72 hours of reasonable access to remove personal property (§89-8-39).
• Home removal — No statutory window
  Because Mississippi has no MHP act, there is no extra time to relocate the home itself; handle this by agreement well before the warrant issues.

Operator best practices in Mississippi

• Build a relationship with a Mississippi MHP attorney
  Because Mississippi has no mobile-home-park statute and pad-only coverage under the RLTA is unsettled, a local attorney is your best protection. Have counsel review your notices and lease before you file.
• Fix any 30-day language to 14 days
  The other-violation cure period is 14 days under current §89-8-13(3). Purge outdated 30-day references from your notices, lease, and website so you are not serving a defective notice.
• Always use written notice and keep proof
  Serve the 3-day (nonpayment) or 14-day (other breach) notice in writing; use email/text only if the resident agreed in writing. Keep dated delivery records — they are attached to your court filing.
• Never use self-help
  No lockouts, no utility cutoffs, no towing or moving the home yourself. Mississippi requires the Justice Court process (§§89-8-31 to 89-8-43) and a sheriff-executed warrant of removal (§89-8-39).
• Plan home-removal logistics early
  The resident owns the home and has no statutory relocation window. Address abandonment, title, back-lot-rent, and a realistic move-out deadline in the lease and in any settlement before it becomes an abandoned-home problem.
• Offer cash-for-keys where it pencils out
  A negotiated cash-for-keys payment is common market practice and is often cheaper and faster than a contested eviction plus an abandoned home — get the agreement and the home's disposition in writing.
• Document the breach precisely
  Section 89-8-13 requires the notice to specify the acts and omissions constituting the breach. Specific, dated documentation of the violation and the failure to cure is what carries the case at the hearing.