Does paying part of my rent stop eviction in Mississippi?

In most cases, paying part of your rent does not stop eviction unless your landlord agrees in writing to accept it as full payment for that period.

How much notice does my landlord have to give me before eviction?

Mississippi law requires landlords to provide at least three days' written notice to pay in full or vacate before filing for eviction for non-payment of rent.

What should I do if I receive eviction papers?

Read all documents, collect your payment proof, complete the Answer form if available, and attend your Justice Court hearing.

Can my landlord accept a partial payment and still evict me?

Yes, unless there is a written agreement with your landlord accepting the partial payment as full satisfaction for that rental period.

Where can I find official eviction forms for Mississippi?

Official eviction forms are available through the Mississippi Justice Court's website.

Partial Rent Payments and Eviction in Mississippi

Rent, Fees & Security Deposits Mississippi published: June 21, 2025

Dealing with rent payments can be stressful, especially if you're unable to pay the full amount. Many Mississippi renters wonder whether making a partial rent payment will prevent or delay eviction. This guide explains how partial payments work, what your rights are under Mississippi law, and what you can do if you face eviction over unpaid rent.

Understanding Partial Rent Payments in Mississippi

In Mississippi, paying only part of your rent does not guarantee protection from eviction. Landlords have the right to pursue eviction if rent is not paid in full, unless they expressly agree in writing to accept the partial amount as full payment for that period.

What Is a Partial Rent Payment?

A partial rent payment is any payment made by a tenant that is less than the total rent due for the current period. For example, if your rent is $800 and you pay $400, that is considered partial payment.

Consequences of Making a Partial Payment

Your landlord can legally accept a partial payment and still continue with eviction proceedings for the remaining amount due.
If your landlord accepts a partial payment, they are not automatically giving up their right to evict you—unless you both sign a written agreement stating otherwise.
If you receive a written eviction notice, paying part of your rent generally will not stop or pause the eviction process, unless the landlord agrees in writing and the total is paid or settled.

Mississippi law requires landlords to follow notice procedures before filing for eviction, even for non-payment of rent. However, there are no laws in Mississippi that require landlords to accept a partial payment as a waiver for the balance owed.

Eviction Process and Notices in Mississippi

Mississippi’s eviction process for non-payment of rent is laid out in the Mississippi Residential Landlord and Tenant Act^[1]. If you do not pay the full rent on time:

Your landlord must give you a written notice to pay rent or vacate, giving you at least three days to pay the full amount or leave the property.
If the rent is still unpaid after the notice period, the landlord can file an eviction ("unlawful entry and detainer") action in court.

Eviction cases are handled by the Mississippi Justice Court, the official tribunal for residential tenancy matters in the state.

Key Official Forms for Renters

Eviction Summons/Complaint (Unlawful Entry and Detainer):
This is the form your landlord files with the Justice Court to begin eviction proceedings. If you receive a copy, it means your eviction case has started.
Usage: If served, read it carefully and respond before your court date. You have the right to attend the hearing and present your case.
Official source: Mississippi Justice Court Eviction Forms.
Answer to Eviction Complaint:
Tenants can file this to formally respond to an eviction case, explaining any defenses or disputes.
Usage: Complete and submit before your court appearance to the Justice Court handling your case. Always keep a copy for your records.
Official source: See the above Eviction Packet for instructions.

How Partial Payments Affect Eviction Cases

If you have made a partial payment, bring proof to court—such as receipts, bank statements, or emails. However, unless the landlord has agreed in writing to accept the partial payment as full satisfaction of rent, the court may still rule in the landlord's favor for the remaining balance.

Tip: Always get any agreement in writing if your landlord accepts partial payment and says you can remain in your rental. This protects you in court if there is a dispute.

Action Steps if You Receive an Eviction Notice

If you are behind on rent or receive a "pay or quit" notice, take these steps:

Check the notice: Ensure it clearly states how much you owe and gives you at least three days to respond.
Contact your landlord: Try to work out a payment plan—get any agreement in writing.
Gather evidence: Collect all proof of payments, communications, and agreements.
Respond to court papers: If you are served eviction papers, submit a written response to the Justice Court by your deadline.
Attend your hearing: Present your case and bring documentation.

Quick action and documentation can be crucial for protecting your rental housing and reducing eviction risk.

Frequently Asked Questions (FAQ)

Does paying part of my rent stop eviction in Mississippi?
In most cases, paying only a portion of your rent will not stop the eviction process unless your landlord agrees in writing to accept it as full payment for that period.
How much notice does my landlord have to give me before eviction?
For non-payment of rent, Mississippi landlords must give you at least three days' written notice to pay in full or vacate before starting an eviction case.
What should I do if I am served with eviction papers?
Read all documents carefully, gather your payment proof, complete the Answer form if available, and appear in Justice Court on your hearing date.
Can my landlord accept a partial payment and still evict me?
Yes, unless both you and your landlord have a clear written agreement that a partial payment covers the debt or halts eviction actions.
Where can I find official eviction forms in Mississippi?
Eviction forms and instructions are provided by the Mississippi Justice Court.

Key Takeaways for Mississippi Renters

Partial rent payments usually do not protect you from eviction in Mississippi.
Your landlord can still proceed with eviction unless there is a written agreement for partial payment acceptance.
Always respond to eviction notices quickly and seek help if needed.

Mississippi renters should stay aware of their legal rights and act early to prevent eviction risks related to partial rent payments.

Need Help? Resources for Renters

Mississippi Justice Court Directory – Find your local Justice Court for eviction filings or questions.
Mississippi Center for Legal Services – Free legal help for eligible renters in eviction cases.
U.S. Department of Housing & Urban Development – Mississippi Renting Resources
Mississippi Bar – Find Legal Help